labor

Dismissal of employment based on loss of trust and confidence is one of the just causes under Article 297 of the Labor Code, as amended. Loss of trust and confidence is a just cause for dismissal under Article 282(c) [now 297] of the Labor Code, which provides that an employer may terminate an employment for […]

The pivotal question to answer in a claim of illegal dismissal is whether the employer’s acts amounted to serious misconduct, fraud or willful breach of trust and confidence, or were tantamount to a commission of a crime, which justified their dismissal from employment. Article 297 of the Labor Code enumerates the just causes for termination. […]

Jurisprudence is settled that in determining the sanction imposable to an employee, the employer may consider and weigh her other past infractions or the so-called totality of infractions rule. Previous offenses may be used to aggravate a subsequent infraction to justify an employee’s dismissal only if they are related to the subsequent offense upon which […]

AWOL or absence without official leave constitutes neglect of duty. It has disciplinary consequences on the part of the employee. However, it does not mean that if an employee is on AWOL status he is already terminated from service. AWOL usually constitutes violation of the company policies on vacation leave, sick leave, emergency leave, or […]

Procedural due process is one of the requirements in employee dismissal. This simply involves the two-notice rule and the twin requirements. The two-notice rule refers to the two notices required in employee dismissal. These are the first notice or Notice to Explain / NTE or Show Cause, etc., and the Notice of Dismissal, Notice of […]

As a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of giving separation pay to resignees. In the case of Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020, the […]

Dismissal of employee is one of the crucial decisions of an employer. The rules have been duly established. But the mentality required in handling the dismissal situation form the perspective of the employer should be clearly understood. Where the fact of employee’s dismissal from service is undisputed by the parties, the crux of the issue […]

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 29 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 1236 (Original File not mine). Hence, […]

Notice to Explain (NTE) is a document issued by employer to employees to afford an opportunity for the latter to explain the charge. This is a disciplinary document employed when an offense is committed inside the company. Service of the NTE may be done personally or through registered mail. Modern practices that are may be […]

In the case of Italkara 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that the fact of dismissal must first be proven by the employee, especially considering the existence of a resignation letter signed by him. Indeed, in illegal dismissal cases, the burden of proof is on the […]