It presupposes that the employee has committed an offense against the company, person of the employer or his representative. It also covers gross and habitual neglect or omission of the employee to do his duty.

Just causes for dismissal are those found in Article 297 of the Labor Code which states that an employer may terminate an employment for any of the following causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
4. Commission of a crime or offense by the employee against the person of his employer or any

   

   immediate member of his family or his duly authorized representatives; and

5. Other causes analogous to the foregoing.”

Read related topic: Constructive Dismissal Definition and Concept

But bear in mind that the said provision indicates only the grounds in general. Thus, it is better for the company to come up with specific offenses related to the enumeration in Article 297.

If the company desires, it may also work with its employees in crafting certain penalties for offenses in their personnel policies, Code of Conduct, or the CBA. Companies that have labor union most often stipulate on penalties to be imposed on certain offenses. However, it bears stressing that design and implementation of company rules and regulations are within management prerogatives.

For instance, a company provides in its Code of Conduct that playing of computer games during office hours is punishable by reprimand on the first offense. While installation of unauthorized software carries a penalty of dismissal.

Take note that the said offenses are not specifically mentioned in Article 297 but were included in the company rules and regulations (CRR) which the union duly recognize as well.

Further, companies may prohibit access to social networking sites like Facebook, Instagram, Twitter, or Pinterest, during work hours or totally ban them from the office environment. These should be clearly set out in the company rules and the employer should have proof or evidence that the employees know about them. These proofs may be in the form of receipt of the CRR indicating the employee’s print name and signature.

Nonetheless, provisions in the CRR may be valid as ones falling under “analogous causes” of Article 297.

In such case, Article 297 applies in suppletory character to the agreed terms by the parties provided the stipulation is not contrary to law, moral, good order or public policy. Besides, the law is deemed written in every contract or agreement. Employment contracts are tied with the employer’s power to impose discipline through its company rules and regulations.

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