procedural due process

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 […]

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 […]

Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust. In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged […]