Other Causes of Dismissal not Found in Labor Code

Although majority of dismissal cases fall within Article 97 of the Labor Code or just causes and authorized causes under Article 298 and 299, there are those that belong to uncommon grounds.

Among these grounds are as follows: (See citations in Atty. Elvin’s Book Guide to Valid Dismissal of Employees Second Edition, p. 212)

1. Any union officer who knowingly participates in an illegal strike may be declared to have lost his employment status. In this instance, the union officer must have knowledge that the strike to which he participates in is illegal;
2. Any worker or union officer who knowingly participates in the commission of illegal acts during a strike may be declared to have lost his employment status. This is the case whether the strike is legal or illegal;
3. Strikers, who violate orders, prohibitions and/or injunctions as are issued by the Secretary of Labor and Employment or the NLRC, may be imposed immediate disciplinary action, including dismissal or loss of employment status;
4. Violation of the union security clause stipulated in the CBA pursuant to Article 248 [e] of the

   

   Labor Code may result in termination of employment. The contracting union can demand from the employer the dismissal of an employee who commits a breach of union security arrangement, such as failure to join the union or to maintain his membership in good standing there- in. The contracting union can also demand for the dismissal of a member who commits an act of disloyalty to the union, such as when the member organizes a rival union.

Learn how to Validly Terminate Employee in the Philippines with this Tutorial Video of Atty. Elvin

Read more on procedural due process discussion by Atty. Elvin:

Read more on procedural due process by Atty. Villanueva:

Twin Requirements of Notice and Hearing

Procedural Due Process for Other Types of Employment

Notice to Explain: Contents and Requirements