dismissal

Absence Without Official Leave (AWOL) is a ground for disciplinary action. AWOL in itself is not a ground for dismissal. However, AWOL can lead to abandonment of work. This happens when the employee being directed to report for work after being on AWOL refuses to report for work. Thus, the employer usually escalates the violation […]

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 […]

Under paragraph (b) of Article 297, gross and habitual neglect of duties can be ground for dismissal of employees. As a general rule, this ground for termination requires the concurrence of “gross” and “habitual.” In short, for negligence to be a proper ground for termination, it must not only be gross but must be both […]

Another ground for dismissal under Article 297 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order given must be lawful. There […]

The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. An employee was held to be validly dismissed for the loss and unauthorized sale […]

As provided under Article 297, the misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows: “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not […]

Just cause is a legal terminology used in Article 297 of the Labor Code which provides the grounds or reasons for dismissal arising from the conduct of an employee. 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 […]

Sample templates are provided, with discussion of the rules to guide employers, HR Managers, and business owners of the right procedure in terminating employees who committed dismissible offense against the company. “Dismissible offense” means violation of company rules where the penalty is dismissal from service. Under the law and rules, this requires observance of procedural […]