labor code

Hearing or conference is mandatory if the employee requests for it in writing or when so provided in the company policy based on the ruling of the Supreme Court (SC) in the case of Perez vs. PT&T (G.R. No. 152048, April 7, 2009). Although the law and jurisprudence have been very emphatic in mandating the […]

After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain and clarify their defenses to the charge against them; (2) present evidence in support of their defenses; and (3) rebut the evidence presented against them by the management. During […]

Twin requirements, as a concept, in illegal dismissal cases, refers to the procedural due process of employee dismissal. The twin requirements of notice and hearing constitute the essential elements of procedural due process, and neither of these elements can be eliminated without running afoul of the constitutional guarantee. In dismissing employees, the employer must furnish […]

Procedural due process is also required for termination of employees with limited security of tenure. While security of tenure is not exclusive to regular employees, the other forms of employment are accorded limited scope. Project employees, generally, cannot be dismissed, prior to the completion of the project or a phase thereof. Fixed- term employee cannot […]

Job description is one of the necessary ingredients for the dismissal of an employee for failure to qualify to ensure that reasonable standards have been made known to employee at the time of engagement. An employer is deemed to have made known the standards that would qualify a probationary employee to be a regular employee […]

Due process under the Labor Code involves two aspects. These are the substantive and the procedural. Substantive due process refers to the ground for dis- missal. It is the justification, the reason or the “why” aspect. For example, under Article 297 of the Labor Code, as amended, an employee may be dismissed for theft, fraud […]

Marriage of employee cannot be prohibited by employer No-spouse policies may come in two types: The no-spouse employment policies and anti-nepotism employment policies. The first one bans only spouses from working in the same company while the second bans all immediate family members, including spouses, from working in the same company. There is no doubt […]

Insubordination is another ground for dismissal under Article 297 of the Labor Code, as amended. This is also referred to as 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, […]

Sexual harassment is a relatively new act punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual harassment. Such employee may be dismissed for committing the act of sexual harassment. Sexual harassment is an imposition of misplaced […]

The circumstances of each particular case must be holistically considered and evaluated in light of the prevailing norms of conduct and applicable laws. In a case involving a teacher, immorality was defined as a course of conduct which offends the morals of the community and is a bad example to the youth whose ideals a […]