- Constitutional guarantee of security of tenure. The guarantee of security of tenure under the Constitution means that an employee cannot be dismissed from the service for causes other than those provided by law and only after due process is accorded the employee. (See De Guzman vs. Comelec, G.R. No. 129118, July 19, 2000.)
- No less than the Constitution recognizes and guarantees the labor’s right to security of tenure. Under the Labor Code of the Philippines, as amended, specifically, Article 279 of the said Code, the security of tenure has been construed to mean as that “the employer shall not terminate the services of an employee except for a just cause or when authorized” by the Code. The two facets of this legal provision are: (a) the legality of the act of dismissal; and (b) the legality in the manner of dismissal. The illegality of the act of dismissal constitutes discharge without just cause, while illegality in the manner of dismissal is dismissal without due process. If an employee is dismissed without just cause, he is entitled to reinstatement with backwages up to the time of his actual reinstatement, if the contract of employment is not for a definite period; or to the payment of his salaries corresponding to the unexpired portion of the employment contract, if the contract is for the definite period. If the dismissal is for a just cause but it was made without due process, the employee is entitled to the payment of an indemnity. (Phil-Singapore Transport Services, Inc., vs. NLRC, G.R. No. 95449, August 18, 1997.)
- Security of tenure of probationary employee. It is settled that even if probationary employees do not enjoy permanent status, they are accorded the constitutional protection of security of tenure. This means they may only be terminated for just cause or when they otherwise fail to qualify as regular employees in accordance with reasonable standards made known to them by the employer at the time of their engagement. (Agoy vs. NRLC, 112096, 30 January 1996.)
Caveat: Subsequent court and administrative rulings, or changes to, or repeal of, laws, rules and regulations may have rendered the whole or part of this article inaccurate or obsolete.