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    Termination of Employment in The Philippines

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    Rachel Vitto Rioja
    Termination of employment in the Philippines is a complex process that requires just cause. There are two types of termination: termination by the employer, which requires proof of just or authorized causes like misconduct or business reasons, and voluntary resignation by the employee. Voluntary resignation requires one month advance notice unless there is just cause like insult or inhuman treatment, in which case notice is not required. Terminating an employee in the Philippines is taken seriously and favors employees' rights.

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    Termination of Employment in The Philippines

    Uploaded by

    Rachel Vitto Rioja
    49 views9 pages
    Termination of employment in the Philippines is a complex process that requires just cause. There are two types of termination: termination by the employer, which requires proof of just or authorized causes like misconduct or business reasons, and voluntary resignation by the employee. Voluntary resignation requires one month advance notice unless there is just cause like insult or inhuman treatment, in which case notice is not required. Terminating an employee in the Philippines is taken seriously and favors employees' rights.

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    Termination-of-Employment

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    Termination of employment in the Philippines is a complex process that requires just cause. There are two types of termination: termination by the employer, which requires proof of just or authorized causes like misconduct or business reasons, and voluntary resignation by the employee. Voluntary resignation requires one month advance notice unless there is just cause like insult or inhuman treatment, in which case notice is not required. Terminating an employee in the Philippines is taken seriously and favors employees' rights.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    49 views9 pages

    Termination of Employment in The Philippines

    Uploaded by

    Rachel Vitto Rioja
    Termination of employment in the Philippines is a complex process that requires just cause. There are two types of termination: termination by the employer, which requires proof of just or authorized causes like misconduct or business reasons, and voluntary resignation by the employee. Voluntary resignation requires one month advance notice unless there is just cause like insult or inhuman treatment, in which case notice is not required. Terminating an employee in the Philippines is taken seriously and favors employees' rights.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 9

    Termination of Employment in

    the Philippines
    which has an “at-will employment”
    doctrine, employers in the Philippines
    can only terminate their relationship
    with an employee if a “just” or
    “authorized” cause, as defined under the
    law, has been established, after
    undergoing due process. Thus,
    terminating an employee in the country
    is taken VERY seriously and can be a
    complex process, especially since, when
    in doubt, the Labor Code of the
    Philippines is construed in favor of
    e m p l o y e e s .
    Types of Employment Termination
    There are two types of employment
    termination in the Philippines: termination
    by employer and voluntary resignation or
    termination by employee. Employers can
    dismiss an employee based on just and
    authorized causes. Just causes are based on
    acts attributable to an employee’s own
    wrongful actions or negligence while
    authorized causes refer to lawful grounds
    for termination which do not arise from
    fault or negligence of the employee.
    Voluntary resignation is defined as a
    voluntary act committed by employees
    who knowingly dissociate themselves from
    their employment for personal reasons. It
    does not cover instances where employees
    are forced to resign with the use of threats,
    intimidation, coercion, manipulation, or
    where dismissal is imposed as a penalty for
    an offense. Forced or coerced resignation is
    illegal and considered “constructive”
    dismissal – a dismissal in disguise.
    According to Article 282 of the Labor Code, an
    employer can terminate an employee for just
    causes, which could be any of the following:
    - serious misconduct or willful disobedience
    by the employee of the lawful orders of his
    employer or representative in connection
    with his work;
    - gross and habitual neglect by the employee
    of his duties;
    - fraud or willful breach by the employee of
    the trust reposed in him by his employer or
    duly authorized representatives;
    - commission of a crime or offense by the
    employee against the person of his employer
    or any immediate member of his family or
    his duly authorized representatives; and
    - other similar causes.
    based on authorized causes like business
    and health reasons. Art. 283 of the Labor
    Code states that an employee can be
    terminated due to business reasons such
    as:

    - installation of labor-saving devices;


    - redundancy;
    - retrenchment (reduction of costs) to
    prevent losses; or
    - the closing or cessation of operation.
    Voluntary Resignation
    This type of termination is strengthened
    by the provisions of Art. 285 of the Labor
    Code which recognizes two kinds of
    termination an employee can initiate –
    without just cause and with just cause. If
    the resignation is without just cause, the
    employee must give a one (1) month
    advance written notice for resignation
    (commonly referred to as a “resignation
    letter”) to the employer to enable them to
    look for a replacement and prevent work
    disruption.
    resignation notice. Art. 285 indicates the
    just causes for resignation as follows:

    - serious insult to the honor and person of


    the employee;
    - inhuman and unbearable treatment
    accorded the employee by the employer or
    his representative;
    - crime committed against the person of
    the employee or any immediate members
    of the employee’s family; - - and other
    similar causes.

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