Definition
Just causes for dismissal of employee may be defined as those lawful or valid grounds for termination of employment which arise from causes directly attributable to the fault or negligence of the erring employee. Just causes are usually serious or grave in nature and attended by willful or wrongful intent or they reflected adversely on the moral character of the employees.
As opposed to authorized causes under Article 283 wherein the termination of employment is dictated by necessity of the business, the dismissal under just causes is imposed by the employer to the erring employee as a punishment for the latter’s acts or omission.
Just Causes Under the Labor Code
Just causes for termination under the Labor Code is found in Article 282 and enumerated here as follows:
- Serious misconduct. Serious misconduct is an improper conduct willful in character and of such grave nature that transgressed some established and definite rule of action in relation to the employee’s work.
- Willful disobedience to lawful orders. The employees are bound to follow reasonable and lawful orders of the employer which are in connection with their work. Failure to do so may be a ground for dismissal or other disciplinary action.
- Gross and habitual neglect of duties. Gross negligence has been defined as the want or absence of or failure to exercise slight care or diligence, or the entire absence of care. It evinces a thoughtless disregard of consequences without exerting any effort to avoid them.
- Fraud or willful breach of trust / Loss of confidence. Fraud is any act, omission, or concealment which involves a breach of legal duty, trust, or confidence justly reposed and is injurious to another.
- Commission of a crime or offense. Commission of a crime or offense by the employee against his employer or any immediate member of his family or his duly authorized representative, is a just cause for termination of employment.
- Analogous causes. Other causes analogous to the above grounds may also be a just cause for termination of employment.
Examples of Analogous Causes
- Abandonment. Abandonment of job is a form of neglect of duty. There is abandonment when the employee leave his job or position with a clear and deliberate intent to discontinue his employment without any intention of returning back.
- Gross inefficiency. Gross inefficiency is analogous to and closely related to gross neglect for both involve acts or omissions on the part of the employee resulting in damage to the employer or to his business. (See Lim vs. NLRC, G.R. No. 118434, July 26, 1996.)
- Disloyalty/conflict of interest. Disloyalty exists when one asserts an interest, or performs acts adverse to one’s employer, such as secretly engaging in a business which renders him a competitor and rival of his employer. It constitutes a breach of an implied condition of the contract of employment. (See Elizalde International vs. Court of Appeals, G.R. No. L40553 February 26, 1981.)
- Dishonesty. Acts of dishonesty deemed to be patently inimical to the employer is analogous to breach of trust and is a valid cause for termination of employment.
No Separation Pay
An employee who is terminated from employment for a just cause is not entitled to payment of separation benefits. Section 7, Rule I, Book VI, of the Omnibus Rules Implementing the Labor Code provides:
“Sec. 7. Termination of employment by employer. – The just causes for terminating the services of an employee shall be those provided in Article 282 of the Code. The separation from work of an employee for a just cause does not entitle him to the termination pay provided in Code, without prejudice, however, to whatever rights, benefits and privileges he may have under the applicable individual or collective bargaining agreement with the employer or voluntary employer policy or practice.”
Last Edited: Tuesday, April 24, 2012
March 21st, 2011 at 02:12 pm
im just asking for my case. i has been employed since 2004 up to feb 5,2011, with mos basic salary since 2004 and my evaluation in teaching is satisfactory evry evalutaion period, fulltime faculty, suddenly happened last year june 2010 my basic salary 15k plus fell into per hour basis.the management basis was the ched memo. that all faculty memeber without master degree will become partime teacher, i file this in nlrc constructive dismisal yr 2010 dec 28 and our first hearing jan 27,2011. with the arbiter decide a position paper i go to LRA compund to find a POW lawyer, the POW lawyer ask if iam connected to skul until know, i said yes, the POW said the case will no merit due to employee has been connected to the employer, i ask what will i do, you dismis the case and after 10 days you recieved you may file again and you never connected to your skul, i decide to dismis jan27 2011 and wait my dismisal letter and last attending in my work feb 5 2011, i verbally inform my boss that my reason my salary not fit to my every expense, bescuse since oct,2010 my salary per half mos are 500 pesos oct,nov 700 pesos, dec 300,jan 400, last day i decide to quit my work feb 5 i earned 300 peso,
i abandon my work due to not equitable of my salary to my everyday neccesity,
i have all evidence like. contract every yer,payslip,
certificate employment, seminar,TESDA that i am quilified to teach tesda but the managemen did not amke action to assign me in my qualified area.
conversation letter 4 letters since june 2010 that manangement start to fell me into partime.
i search to internet that illigal dismisal constructive you must file a resignation letter that informing your demand. i did not do that.
my question is:
1. is that abandonment of work.that i decide to quit due to salry not fit to my necesstiy even i did not make resignation letter.
2. is it my case have a merit to win.
thank i hope their will be answer to my question
[Reply]
pedro Reply:
September 2nd, 2012 at 12:54 pm
kristine mayabang ka!!!!!!
[Reply]
April 24th, 2011 at 11:56 pm
hi!
i just want to ask, I have been put on preventive suspension for 30 days, and was informed that I will receive a notice of the decision within that period. what if I idnt receive any notice within 30 days? I actually submitted my resignation but my supervisor told me that it will be denied. Need your assistance in this matter.
Thank you.
[Reply]
Ted Ferrolino Reply:
August 16th, 2011 at 9:53 pm
At the end of 30 days, you must be reinstated back to your former position. Your employer may extend the suspension provided that you are paid salary for the entire duration of the extension.
[Reply]
July 16th, 2011 at 05:50 am
hi- curious to know if we can terminate pregnant woment due to negligence?
[Reply]
Ted Ferrolino Reply:
August 16th, 2011 at 9:46 pm
Negligence must be gross and habitual to be a ground for termination. (It is illegal to terminate a woman employee solely on account of his pregnancy.)
[Reply]
August 19th, 2011 at 10:50 pm
My sister, who was single, suddenly died. We could not find her will, so the rest of the family members are paying for everything right now. Is the employee, my sister’s personal driver for more than 5 years, entitled to a separation pay ?
Thanks for the advice.
[Reply]
October 5th, 2011 at 03:40 pm
hi-
im a call center agent and been working for the company for almost 4yrs now..now what happen was my manager is insisting to transfer me for no reason,because he just feels like it.i was not inform beforehand about it.i was suprise when they were forcing me to sign a paper for transfer.and i did not..i talked to our human resources about it and they didn’t knew anything about wants going on..and now this manager is treatening to dismiss me if im not gonna do what he says …as per labor code only an employer transfer an employee as long as its in good faith…so clearly his not my employer…so what type of case can i file again this manager
i will be very appreciated and will help me a lot…
[Reply]
October 5th, 2011 at 04:39 pm
and to add up..though i sometimes have an issue with my tardiness …they will put me on suspension for 1 day which i understand…but im one of theyre employee who performs well.im w/in the top 50 for the whole site .performance wise. so i dont think there should be any reason for my to transfer…so do they have any right to dismiss me? thanks
[Reply]
November 4th, 2011 at 07:26 pm
Hi!
My probationary contract has ended. The management refuses to issue certificates of employment and to give us our training pay. During the probationary period, the company was deducting a certain amount from our salary for the entire duration wherein we were employed. We have our pay slips.
According to our signed trainee and probationary contract, they will do so, but we are entitled to receive the full amount that they have deducted at the end of the probationary contract. Their reason for not issuing certificates of employment and training pay is that we had pending tasks.
Is what their doing legal? Do we have a say in this? What their doing is not part of the contract and we had no prior knowledge that this will happen when our employment duration came to an end.
Please advise, thank you.
[Reply]
lonedissenter Reply:
March 20th, 2012 at 10:20 am
This is a classic example of unlawful withholding of wages. Under the Labor Code (see Article 116), so long as the employee has performed work for the payroll, he is entitled to his corresponding salary. The only allowed instance synonymous to withholding is the concept of deductions under Articles 113 (Labor Code), the Tax Code (income tax withheld),and Sections 13 and 14 of Rule XVIII Omnibus Rules to Implement the Labor Code. None of those exceptions mentioned are applicable to your case so it is clearly an illegal withholding of wages.
[Reply]
November 15th, 2011 at 02:08 pm
hi i would like to ask if i can file a case against my company ,
a. we do not have a contract eversince
b. our late charges and ot charges are no the same computation from the labor code
c. i am trying to negotiate with them for i think i deserve more of what i had given them (my sales without commissions )u at
d. i found some disturbing things about them
e. I am verbally abuse by them (3 bosses but at first i dont mind since my ex husband abuse me also)
f. they have known that i am slowly healing to the trauma and emotional abuse that i had encountered with my ex husband but still they insist on me to go to work , and i felt that they are abusing me more since i decided to resign and they want something from me that i cannot commit .
j. i resigned through email and told them ask them if i can still work at home or outside since I cannot go to the office anymore for i am very afraid they might do something for me again that i almost had an accident on that day.
k. they did not give my last salary and they said Im awol but I am still working the day they email me that?
what do i have to do im a single mom with no family to support me .. thanks
[Reply]
November 27th, 2011 at 03:02 pm
just ask in behalf of my partner, he is a building painter, their company give them a form of pag ibig and philhealth and the form doesn’t ever get of the employee’s company but every end of the month they have a deduction for pag ibig philhealth and sss contribution, i’m just curious where did the company put the deduction of their workers if they doesn’t get the form… what should my partner do for this case?
[Reply]
November 28th, 2011 at 12:35 pm
I am an employer. I have 2 employees. One of them has been committing one of the Analogous causes specifically Dishonesty and conflict of interest. I have caught her do it several times and told her that I dont like this to happen again. Other specific faults include, giving credit to customers and customers not paying us, and also getting the payment of our customers and giving me back only the balance without my permission. I could do a dismissal to her right? For all her deductions, she will end up with no salary and even 13th month pay. Should i just dismiss her or should I ask her to sign a resignation letter. pls advise asap, as i do not want to extend her here anymore. thanks
[Reply]
November 29th, 2011 at 12:03 am
im an employee of a private company for a year. My supervisor gave me a below par appraisal after one year. Then after a month, they issued me a notice to explain about my bank reconciliation. Then another notice to explain for alleged negligence on my part for failure to back up my files. Finally, the manager forces me to resign so as not to smear my employment records. Even threat me that if i did not do so i will be put into preventive suspension and eventually be kick out of the company….please advise i really need help!!!
[Reply]
January 20th, 2012 at 02:19 pm
i’m an employer, i had two people are regular employee they’ve been absent for three days without filing their leave, and even communication we cannot locate them, is this can be charge to dismissal as abandonment of duty, is this possible thanks
[Reply]
February 4th, 2012 at 01:48 pm
Just wanted to ask we are aving problem in our offce (call center) there are some manipulation of the stat. by us agents…we been given a chance to explain our side and after 2 weeks we already receive the result and its termination…after several audits by the manages ment they found out that not only us who has been terminated was doing the same thing and for the second batch of the agent they been given a chance same issue but for us terminated and for them final written warning only and they where able to receive their commission and for us our commission is being hold the fact that we are still working when the release of the said commission. can we file a case for this unfairly judgement by the company?
[Reply]
March 24th, 2012 at 04:28 pm
Just wanted to ask,there is this case in our company were employee admitted of fabricating laboratory results which because he just want to avoid any inconvenience & complaints from patients.from his letter he stated those facts of dishonesty.I would like to ask is it a just cause for termination of employment.Thanks
[Reply]
April 5th, 2012 at 07:27 pm
tama ba na isuspindi agad ang isang empleyado habang iniimbistigahan pa ang usapin sa kanya. at ang mga nag gawa ng usapin sa kanya ay mga tiwaling empleyado na my usapin ng pagnanakaw. naka preventive agad wala pa silang hawak na ebidensya. at nung mag harapharap sbi ng abugado ng kumpanya maghahanap pa sila ng ibang testigo. pati ang sahod ng empleyado naka preventive pana hold ng kumpanya tama ba ito. tapos wala pa silang resulta sa kaso nag talaga na kagad ang kumpanya ng ibang tao dun sa pwesto ng naka preventive na empleyado tama ba itp
[Reply]
michael Reply:
April 5th, 2012 at 7:29 pm
pati ang pinaghirapan ng empleyado hanarang nila makatao ba ito
[Reply]
June 15th, 2012 at 10:54 am
is employees terminated due to misconduct/trust and confidence, entitled to 13th month pay?
[Reply]
June 19th, 2012 at 05:14 pm
can a terminated employee can still get her or his other benefits such as 13th month pay and refund of withholding tax? even she or he wasnt paid separation pay?
[Reply]
June 19th, 2012 at 05:16 pm
can a terminated employee can still get 13th month pay and her refund of withholding tax even she was not paid her separation pay benefit?
[Reply]
July 14th, 2012 at 11:51 am
is practicumers are covered by the labor law?
[Reply]
July 25th, 2012 at 10:17 am
If ever an employee has been terminated due to Article 282..If he/she is not entitled to any separation pay, Is that employee still entitled to receive his/her last pay ( last salary ); 13th month pay benefits; unused VL & SL benefits? Thanks!
[Reply]
July 26th, 2012 at 02:52 am
One of our employees allegedly malbursed funds after we did an audit. Money that should be deposited to the bank was not and the money was nowhere to be found in the office. We have given him ample time to explain. Until lately hes not coming to work and sending sms that he is under stress test upto the day he texted again that he will undergo surgical operation on his thyroid. Since he was notreporting for work we sent him NTE but thru his son only visited the office to file health benefits matters for his father. My questions are
1. Is the receipt valid having his son to do it? If the reciept is valid
2. Is it just that we recommend voluntary resignation so that he would not be stressed to answer the allegations and to take rest and offer him freeing from the charges against him.
[Reply]
July 26th, 2012 at 02:57 am
Sorry was cut….
If the receipt is valid, will it count the 5 days we gave him to answer even if he was operated on the thyroid?
3. Is getting sick a valid reason to delay the process of legal termination?
Thank you so much and more power.
[Reply]
August 1st, 2012 at 05:02 pm
Hi, My daughter was hired tree mos. ago by my employer to work as sales coordinator in his other company name as D University Place, she was treated by the VP sales supervisor unjustly & unfortunately my employer died early last month & d more she was treated not well in their company
and she was reminded to resign if she don’t like her unlawful policies, she was not given the SSS,PHIC & HDMF Benefits, pls tell us what to do..thanks n God bless.
[Reply]
jem Reply:
August 30th, 2012 at 8:29 pm
for whatever reason the employer do not have any right not to give the mandatory statutory benefits such as SSS, Philhealth and HDMF. Therefore, you may proceed to NLRC to file for a case on the basis of not complying with the lawful benefits. However, on the “unjustly” treatment you were referring you may want to expound onto that and need to established what are the unjustly circumstance your daughter was in. It has to be identified to be able to establish that you grievance has merit.
[Reply]
August 23rd, 2012 at 12:19 pm
Just wanna ask. If I were a long time employee in a company and I was fired for taking part in a rally for a workers’ union in which I am a leading member, is it justifiable?
[Reply]
August 29th, 2012 at 12:54 pm
Hello, i would like to ask if it is possible to terminate my supervisor coz he didn’t follow rules that was instructed to him by our Manager that causes loss of big amount of money to the company, and he said to the owner that he was still following the protocol of his previous Manager .
Thank you.
[Reply]
September 2nd, 2012 at 07:54 pm
I have a question regarding with the terminated employee. Does the employee can still get their cash bond once they terminated caused of AWOL? Thanks!
[Reply]
September 4th, 2012 at 04:39 pm
Hi. I filed resignation effective april 16 but got an e-mail from my maanger that it was my last day on April 11. She e-mailed it at April 11 6:11pm and advised that it was my last day and advised me to endorse my deliverable to my colleague who was on leave. To quote her, ‘ I am e-mailing you in private for you to decide. Today and tomorrow will not make a difference, thus, today is your last day and it has clearance from our HR Head.
I have appointed Employee A for your endorsements, if she accepts, I am okay with your clearance.”
With said situation, can I file a case ground for constructive dismissal/illegal dismissal? If not what case/ground I should file.
I was really insulted the way they have declared my last day. I have done them no wrong. Employer is non-union, I am a regular employee and have filed resignation following the 30-day notice which they have received and approved. Till this writing, they refuse to pay my final pay and sent me a letter advising me to do the turn over without pay. I personally feel that turn over is no longer necessary for it was past 2 months already and they were able to get my replacement already.
Need your advise. thank you.
[Reply]
September 12th, 2012 at 07:30 pm
1. If it is lawful to charge an employee due to variances found on stock inventory during audit specifically on glass products?
[Reply]
September 12th, 2012 at 07:32 pm
1. if it is lawful to charge an employee due to variance found on stock inventory after audit?
[Reply]
September 18th, 2012 at 01:52 pm
the employment/services of my friend (more or less 500 employees) were not renewed or extended after the expiration of their special order as contractual and casual employees. their employer is a GOCC. length of service of these employees range from seven years to 30 years, appointment or status of employment is either contractual or casual. prior years, their appointments were being extended and renewed on regular basis (without cut of service)in fact they are recognized by the management by giving them critical functions and assigments similar to regular employees. lately, their appointments were not renewed or extended after it expired last june 30, 2012. sometime on july 5, 2012 these employees received an advisory from the management informing all concerned that their employment already expired on june 30, 2012. and that the mgt can no longer extend their employment due to unfavorable decision of the governance commission to extend their employment due to rationalization plan of their office which was already approved by the DBM sometime in 2010; and the action taken by the mgt was to just extend their services for another 15 calender days on job order status. also sometime in 2010 affected employees of the approved rationalization plan filed a case against the concerned party for they believe that the approval of the rationalization plan did not followed the proper procedure, thus null and void. the mgt then and the affected employees agreed to settle the issue out of court, until a new OIC of this government agency was designated. we would like to know whether the action taken by the employer (a government agency) is with basis and valid? accoringly separation pay cannot be processed for the meantime that the non renewal of employment of these some 500 employees has partly paralyzed the operation of their office nationwaide.
[Reply]
September 23rd, 2012 at 01:33 pm
My friend requested me to post this question. he is working in a callcenter and he was charged of fraud and put into preventive suspension while waiting for the administrative hearing.reason for fraud indicated manipulation of customer’s information and was just presented with an excel file report without any actual data (e.g. actual screenshots agent’s identification) as a proof data which can be reproduced by anybody and seemmingly inadequate. My question is: Is the immediate suspension valid? Apparently this is not a direct threat to a co-employee neither to the employer and in fact this will still undergo series of investigation.
[Reply]
September 24th, 2012 at 08:13 pm
Hi i am in call cnter industry! Our hr is doing their bgc for the span of 6 mos! I was at the company almost for 9 10 mos! They called this prwvious employer where i worked for 2 weeks! I didnt state the duration time on my cv! Bu i accidentaly gave them a wrong edited EC the secretary gave me! Now they were questioning me about it! For i know its a wrong cv i dnt usually use! Can the company terminate me if i still confess that i gave them the wrong ec And i really dnt have ec coz i know its only for 2 weeks work!
Pls help! I need answer soon!
[Reply]
November 11th, 2012 at 07:49 am
I called my boss a liar inside our workplace as she was insisting that i agreed about paying a team building present or not present. She asked our team through chat if who among us were aware aboutbthe agreement that adds up to me being so emotional i felt that she made me feel on a defensive mode and felt injustice the reason why i called her a liar. And now i am undergoing an hr hearing because of insubordination can some one help me with thiis.. I just said bec she made me feel that way i felt that itvwas planned and scripted
[Reply]
November 23rd, 2012 at 05:02 am
Hi, what if the teacher is pregnant and she doesn’t have a husband is she will be terminated or the authority will remove her license as a teacher?
[Reply]
Dean Reply:
March 21st, 2013 at 2:11 pm
What does having a husband have to do with being pregnant?
[Reply]
November 25th, 2012 at 03:37 pm
hi..i’m a call center agent under probati0nary period. I had absenses before because i need to take care of my s0n who was h0spitalized.i have all the d0cs 4 my s0n’s h0spitalizati0n.. Aftr a m0nth, my lower jaw was inflammed that i cant even eat n0r drink.t0gether wd d inflammati0n of my jaw, i was diagn0sed to have t0nsilitis.i am also a m0nth pregnant that time and my ob advised me take a leave 4 5-7 days and our c0mpany clinic tagged it as my sick leave.i passed all the docs 2 our clinic. A friend of mine was terminated due to frequent absences.she told me that our manager told our supervisor that once i get absent or late for just day,they are going to terminate my probationary employment.. In additi0n to it, our manager also told our supervis0r: “tulad nito, ang lakas ng lo0b mgpabuntis eh pr0by plng”. D manager did n0t dr0p any names but i am d only one who is pregnant and proby in our account..
hoping for your reply.
thank u so much
[Reply]
December 8th, 2012 at 03:46 am
Very interesting article, it looks like labor law is very similar all around the world. As far as I can see, just cause is defined in quite exactly the same way in Europe as it is in the Philippines!
[Reply]
January 3rd, 2013 at 11:07 am
our two employee is in night shift but one employee has been denied to enter our workplace because he was drunk but his partner has entered our work.. after there work we checked their time card both of them has timed-in and timed-out knowing that only one of them has entered the workplace can what can we terminate them both? on what grounds? thanks
[Reply]
January 9th, 2013 at 03:02 pm
Hi! I went on AWOL for 2 days. I tried to file an LOA a week before, was denied, and pleaded to be allowed to have a leave again a day before I went AWOL. Superiors did not reply.
When I went back, they issued a memo saying that my violations are:
“Insubordination, failure to follow office procedure, and disruption of company operations.”
I previously had a warning of having an extended break.
I am currently being evaluated for regularization but when I answered the memo, my immediate supervisor said I should be preparing my resignation letter, and that I have high chances of getting sacked.
What should I do?
[Reply]
January 24th, 2013 at 09:17 am
Hi. This is a common situation for call center agents. Agents are trying to resign but the team manager and the shift manager wont allow us for the reason that we belong to the top 10% of all the agents in the said shift. Resignations letters are denied and we are told to think about it. If you tell them that you want to be transferred to an internal vacancy (non voice position) they will still not allow you. Until you decide to go on AWOL and start your new job. Afterwards, we went to HR and ask about our clearance. HR saya that we are not entitled to any back pay bec we were terminated. I know that AWOL is a basis for termination but there was no return to work order issued, no hearing and no final talk. Now my question is since the company didn’t follow due process and has violated our right to resign what defense do we have if they wont sign our clearance? What will happen to our 13th month pay, tax refund and our commissions? We didn’t even have sick leave and vacation leave and regular holidays are not paid if you don’t have schedule on the said holiday. Please advise. We are planning to go to HR this week and finish our clearance. Thank you!
[Reply]
January 26th, 2013 at 08:12 pm
I need help, last January 18,2013 I signed a contract with a catholic school in calamba, then on January 23, I filed a resignation and gave them a letter stating that I am I have medical condition that needed to be attended. I had a talk with the directress and I explained everything to her, I told her that I am also hoping to find a better paying job that can help me with my expenses for my surgery, I said that it can either be teaching in public or if there’s no available job in public school I will try online tutoring, she said that she is disappointed but she understand. she accepted my letter but then told me that they will accept my reason but I won’t be able to teach for the whole school year in any school or they will file for the cancellation of my license.
I can’t understand why they are making it hard since according to the contract the effectivity of my employment is on May. I believe that resignation should have a 30-day notice but I am resigning with more than 90 days notice.
Can they really file a cancellation of my license?
Can they really stop me from being employed in other schools?
Can they file any case against me?
I am really afraid because it took me almost 10 years to finish my education and have my license.
Don ‘t I have the right resign?
Please help me please
[Reply]
May Reply:
April 23rd, 2013 at 11:49 am
Hi Ms. Kat,
We are somewhat in the same situation. On my case, Im not yet infroming my supposed to be new employer that I will no longer continue my employment since I will prefer to stay with my current employer. Will they take any legal action against me? Will it be considered as breach of contract?
[Reply]
February 16th, 2013 at 02:36 pm
I function as an HR Officer in a 35 bed hospital. On what do I base the length of suspension of an erring employee … 1 week for 1st suspension o 2 wks ba dapat or what ? is the length of suspension determined by the gravity of the offense or what ? Can you clarify on these subject please . Thank you and more power !!!
[Reply]
February 25th, 2013 at 05:55 pm
I am currently waiting for the result of my Canadian Residency Visa application and out of good faith, I told my boss about it. Now she wants me to provide a resignation letter so she can hire someone new. Am not sure yet if my Canadian visa will be approved, so I don’t want to give it to her. What do I tell her? I can’t resign because that will leave me jobless should my application get denied. What do I do?
[Reply]
footballer Reply:
April 5th, 2013 at 1:09 pm
Tell her you will file the proper resignation if your plans of going to Canada pushes through (i.e. visa gets approved). As provided in the article, there are only a few grounds the company can use to terminate you. However, resignation is always an option for them so employers usually force or trick employees into giving resignations.
[Reply]
March 21st, 2013 at 11:29 am
hi, last March 3,the wife of my employer talked to me.She said that she want me to stop working to them. i asked her why? she said shes not comfortable when i am in duty and her husband is there.she said they are always arguing about me.she also said that she is weak but, her husband is more weak.in other term shes jealous of me thats why she fired me and she said she will not say it to the boss.she will going to tell that i resigned.what should i do in this matter.hope for your reply.thank you
[Reply]
footballer Reply:
April 5th, 2013 at 1:06 pm
@joan If you resign, you will not be entitled to any separation pay. BUT If they terminate you without just cause, then you are entitled to separation pay. If they terminate you anyway without giving separation pay, then you can file a complaint for illegal dismissal in the NLRC and ask for separation pay. That is if you no longer want to stay. If you want to stay in the company, then ask NLRC for reinstatement to your previous position.
It is up to you if you want to stay in the company despite the harrassment which will surely continue. Baka worth it if the company is a good company and you will have good career path in the future. If not, why bother. But don’t leave without your separation pay.
The problem is the wife might make life so miserable for you such that you will be the one to give up and resign.
[Reply]
March 21st, 2013 at 11:38 am
hi good day, last March 3,the wife of my employer talked to me.She said that she want me to stop working to them. i asked her why? she said shes not comfortable when i am in duty and her husband is there.she said they are always arguing about me.she also said that she is weak but, her husband is more weak.in other term shes jealous of me thats why she fired me and she said she will not say it to the boss.she will going to tell that i resigned.what should i do in this matter.hope for your reply.thank you
[Reply]
April 1st, 2013 at 04:52 pm
My colleague is a casual employee for more than a year in a hotel as a concierge,valet parker and airport representative. Is it legal or illegal that the company dismissed him without prior notice? When he asked the management for the reasons of his dismissal, they won’t be able to give any specific reason. What is the process of employee’s dismissal? Is there any due process prior to dismissal.
Lastly, he became an airport representative for more than 3 mos even when he is just a casual employee. Accdg to DOT, all airport represenative shall be a regular employee.
Hope you could revert to me the soonest.
[Reply]
April 4th, 2013 at 08:00 pm
Hi! I just need help for my report in my Legal Aspect subject in my MAED course. I was asked to report Case #20. Please help me.. It goes like this….
A private college hired on tenure an architect with the concurrent appointment as assistant professor. The president asked him to draw the architectural plan of the new building of the college. He did, later, he noticed that the president stood pat. The architect reported the matter to the city engineer. The permit to construct was revoked. The president was angered and dismissed the architect for disloyalty.
the architect filed a complaint before the regional office of the NLRC.
-Was the dismissal of the architect-professor for disloyalty valid?
-Cite the substance of relevant/policies/principles of management which forms the basis of your decision.
——Please help me…..asap!
[Reply]
April 17th, 2013 at 04:28 pm
just curious if my non renewal of part time contract was unjust.. i was informed that my contract from a private employer will not be renewed because of attendance issues.. i was not issued a single memo or verbal warning.. at the time, i just came from maternity leave and assumed that they understood why i incurred such absences.. no neglect of duty i might say since performance wise, i made a big improvement..
[Reply]
April 23rd, 2013 at 11:40 am
My resignation is on process. I am currently hired to another company and will start emmediately after my resignation. However, I realized the long term benefits if I will stay with my current employer. Nag offer din sila ng maganda for me and finally come up to a decision na iretract yung resignation ko. On the other hand, ang worry ko is pwede ba ako i-sue ng bago kong employer kasi nakapirma na ako ng contract pero hindi ko na itutuloy yung paglipat ko sa kanila? Hindi ko lang kasi marecall yung nasa contract nung magsign ako kasi they didnt gave me a copy. Ang natandaan ko lang yung training bond na 1 year. Please advise.
[Reply]
April 29th, 2013 at 07:05 pm
Hi gs2 ko lang itanong kung grounds ba for termination ang pagbubuntis ng walang asawa? Or nabuntis lang ng bf? Immorality daw kc sbi ng HR.. I need help please.. Thanks.. .
[Reply]
May 12th, 2013 at 09:58 pm
hi currently i have ongoing case in dole with my previous employer who has given me 30 days suspension and after that 30 days I got a termination notice. I have filed the case after I got my suspension letter in April for constructive dismissal and illegal suspension. Until now I am contesting the ground for dismissal due to willful disobedience. In response to the memo of suspension I had explained what had happened and that I am not violating any laws, orders of my boss as it is supported by several emails with the suppliers. I just want to know if I have a chance to win on this case and that If I can have a separation pay in case I win this case. Is it equivalent to 1/2 month salary or 1 month salary? The representative of the company (HR) did not attend the first meeting, what if they do not attend on the next meeting, would my case be continued?
[Reply]