article 297

Security of tenure guarantees that an employee cannot be dismissed from employment, except for just or authorized cause. There are forms of employment where employees hold limited security of tenure. In the case of a managerial employee who is faced with investigation for willful breach of trust, he gives up the guarantee considering the rule […]

Fraud exists only when, through insidious words or machinations, the other party is induced to act and without which, the latter would not have agreed to. Fraud is never presumed. It must be proved. It cannot be based on nebulous facts. Fraud and misrepresentation are, therefore, never presumed; it must be proved by clear and […]

In a valid abandonment, there is intent to quit the job, while in an Absence Without Leave (AWOL), there is no such desire. The latter is more of violation of internal procedure of the company on notices required in the event of employee’s absence. A worker who overextended his vacation leave cannot be said to […]

Abandonment is a ground for dismissal of employment under Article 297 of the Labor Code, as amended. The employee has the right to challenge the dismissal by filing a labor case. However, during the pendency of the case, the employee may have decided to seek employment. What will be the effect on the labor case […]

As defined under established jurisprudence, abandonment is the deliberate and unjustified refusal of an employee to resume his employment. Abandonment is a form of neglect of duty; hence, a just cause for termination of employment under Article 297 of the Labor Code, as amended. Ordinarily, a common impression is that an employee who never reports […]

The contention that the phrase “poor performance” would mean the same as gross and habitual neglect by an employee of his duties is unavailing. The fact that an employee’s performance is found to be poor or unsatisfactory does not necessarily mean that the employee is grossly and habitually negligent of his duties. Gross negligence implies […]