Do you think that you have been fired for illegal reasons?
If you need to verify if you have been subject to wrongful termination, you can check The Labor Code of the Philippines. The code details the rules that apply when it comes to:
- Hiring and firing private employees
- Working conditions including work hours and overtime
- Benefits such as 13th month pay, holiday pay, sick days, vacation leaves, etc.
- Labor relations
Grounds for termination
The conditions detailed in your employment contract will serve as the basis for your termination or dismissal, as long as they do not violate provisions in the Labor Code. Make sure you thoroughly read your employment contract before signing.
- Termination due to just cause
Outside of your contract, however, there are instances wherein you can be terminated for just cause. Under Article 288 of The Labor Code, these include:
- Misconduct
- Willfully disobeying the lawful orders of one’s employer or a representative of said employer
- Habitual neglect of duties
- Fraud or breach of trust
- Committing a crime against one’s employer or their representative and the employer’s immediate family member
- Termination due to authorized causes
According to Articles 283 and 284, the following are authorized grounds for dismissal.
- When labor-saving devices are installed such that the employee’s services no longer needed
- Redundancy due to:
- Overhiring
- Decreased business
- Dropping of a product line or service
- Retrenchment or downsizing to save a failing business, with a “last in, first out” guideline in which newer hires are terminated before more senior ones, and temporary employees retrenched over regular ones
- The business shuts down
- An employee’s health condition as certified by a public health authority, in which the employee poses a danger to themselves and the people they work with
Termination of Employment and Due Process
Even if there are grounds to justify your termination, the employer must comply with due processes as laid out by The Labor Code.
Your employer must complete the following steps:
If your termination is based on just cause, your employer must:
- Issue a written notice specifying the grounds for termination, along with the opportunity to explain your side
- Allow you a hearing (with counsel if you wish) where you can respond to charges made against you
- Give a written notice of termination along with the evidence and grounds to justify your dismissal
If your termination is based on authorized causes, your employer must:
- Give a 30-day notice of your dismissal, specifying the cause for termination
- Submit a copy of the notice to the regional office of the Department of Labor and Employment (DOLE) where the employer’s address is.
What to do next
Should your termination not comply with conditions and due processes, or if you would like to contest your dismissal, it’s time to bring this to court. Call Duran & Duran-Schulze Law at (+632) 478 5826 or send an email to info@duranschulze.com.
Once you have the expertise of a lawyer, you and your legal counsel can file a case at the National Labor Relations Commission (NLRC) or at the Philippines Oversea Employment Authority (POEA) if you are an OFW.
Source: Bureau of Labor Relations
19 Responses
Officially hired date as Chief mechanic September 21st 2022, termination date without warning May 09, 2023. Aside from mechanic, am also performing automobile electrical job and automobile air-conditioning technicians. 24/7 duties including Sundays and regular holidays.
I want to know more about being employee and what’s my right to a company,
Hi po atty nag email npo ko sa inyo hopefully ma basa i nadly needed advice po.
Thank you
My probationary is 3 month at continue po ako nagwork hanggang 6 month at wala ako pinirmahan na another 3 months na contrata as probationary at pagdating ng six month nagpadala sila nang letter na hanggang ngayon Lang ako dahil d raw ako pumasa sa evaluation at nakiusap ako na wag tanggalin at pinatrabaho ulit ako at pag dating ng 1 month tinanggal ulit ako may makuha ba ako na separation pay
please be brighten us.
I am newly hired ang under the provisionary, in my provisionary contract that I sign a 5months garce period if I am not performing will they will not renew me.
but in my case I was in 3months now, they Wil advice me if I never give mag COE in my previous employer they will terminate me in 3months not before 3mobths period I already submit my COE but, what happen is getting worst they hire new people and they Wil terminate me in notice me with in 15days I am already out.
question.
is this a illigal dismissal?
if this is illigal dismissal what article and case that I should file?
Please help me, because I don’t know why it is happen even I’ll do my best in my work I didn’t did any actions against our law and the company rules also.
this is may emil
markarique30@gmail.com
hkpingvthat you can give me some of advice. I am to much depressed right now I don’t know we’re I can start.
Thanks and Godbless