Scribd
Upload
39 views3 pages

What Is The Right To Security of Tenure?: Due Process For Employment Termination

The document discusses due process for employment termination. It outlines the two-notice rule for termination with just cause which involves notice of intent, a hearing, and notice of dismissal. For termination due to authorized causes, it requires 30 days written notice to the employee and DOLE. An unjustly dismissed employee is entitled to reinstatement, separation pay, back wages, and damages if dismissal was in bad faith.

Uploaded by

CC Macasaet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
39 views3 pages

What Is The Right To Security of Tenure?: Due Process For Employment Termination

The document discusses due process for employment termination. It outlines the two-notice rule for termination with just cause which involves notice of intent, a hearing, and notice of dismissal. For termination due to authorized causes, it requires 30 days written notice to the employee and DOLE. An unjustly dismissed employee is entitled to reinstatement, separation pay, back wages, and damages if dismissal was in bad faith.

Uploaded by

CC Macasaet
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
You are on page 1/ 3

Due process for employment termination

In a termination for just cause, due process involves the two-notice rule: ... In a termination for an


authorized cause, due process means a written notice of dismissal to the employee specifying the grounds
at least 30 days before the date of termination

1. What is the right to security of tenure?

The right to security of tenure means that a regular employee shall remain employed unless his or her services
are terminated for just or authorized cause and after observance of procedural due process.

 An employer may dismiss an employee on the following just causes:

a) serious misconduct;

b) willful disobedience;

c) gross and habitual neglect of duty;

d) fraud or breach of trust;

e) commission of a crime or offense against the employer, his family or representative;

f) other similar causes.

The other grounds are authorized causes:

a) installation of labor-saving devices;

b) redundancy;

c) retrenchment to prevent losses;

d) closure and cessation of business; and

e) disease / illness.

Before terminating the services of an employee, what procedure should the employer observe?

An employer shall observe procedural due process before terminating one’s employment.
Two-notice rule:

. In a termination for just cause, due process involves the two-notice rule:

a) A notice of intent to dismiss specifying the ground for termination, and giving said employee reasonable
opportunity within which to explain his or her side;

b) A hearing or conference where the employee is given opportunity to respond to the charge, present
evidence or rebut the evidence presented against him or her;

c) A notice of dismissal indicating that upon due consideration of all the circumstances, grounds have been
established to justify termination

B. In a termination for an authorized cause, due process means a written notice of dismissal to the employee
specifying the grounds at least 30 days before the date of termination. A copy of the notice shall also be
furnished the Regional Office of the Department of Labor and Employment (DOLE) where the employer is
located.

May an employee question the legality of his or her dismissal?

Yes. The legality of a dismissal may be questioned before the Labor Arbiter of a Regional Arbitration Branch of
the National Labor Relations Commission (NLRC), through a complaint for illegal dismissal. In establishments
with a collective bargaining agreement (CBA), the dismissal may be questioned through the grievance
machinery established under the CBA. If the complaint is not resolved at this level, it may be submitted to
voluntary arbitration.

On what grounds may an employee question his or her dismissal?

An employee may question his or her dismissal based on substantive or procedural grounds.

The substantive aspect pertains to the absence of a just or authorized cause supporting the dismissal.

The procedural aspect refers to the failure of the employer to give the employee the opportunity to explain his
or her side.

What are the rights afforded to an unjustly dismissed employee?

An employee who is dismissed without just cause is entitled to any or all of the following:

a) reinstatement without loss of seniority rights;

b) in lieu of reinstatement, an employee may be given separation pay of one month pay for every year of
service (Golden Ace Builders, et. al vs. Jose Talde, May 5, 2010, GR No. 187200);

c) full backwages, inclusive of allowances and other benefits or their monetary equivalent from the time
compensation was withheld up to the time of reinstatement;

d) damages if the dismissal was done in bad faith (

 What is reinstatement?
Reinstatement means restoration of the employee to the position from which he or she has been unjustly
removed.

 What is meant by full backwages?

Full backwages refer to all compensations, including allowances and other benefits with monetary equivalent
that should have been earned by the employee but was not collected by him or her because of unjust
dismissal.

What is separation pay?

In termination for authorized causes, separation pay is the amount given to an employee terminated due to
installation of labor-saving devices, redundancy, retrenchment, closure or cessation of business or incurable
disease.

Separation pay may also be granted to an illegally dismissed employee in lieu of reinstatement.

How much is the separation pay?

In cases of installation of labor-saving devices or redundancy, the employee is entitled to receive the
equivalent of one month pay or one month for every year of service, whichever is higher.

In cases of retrenchment, closure or cessation of business or incurable disease, the employee is entitled to
receive the equivalent of one month pay or one-half month pay for every year of service, whichever is higher.

Are there other conditions before an employee may be dismissed on the ground of redundancy?

Yes. It must be shown that there is:

a) Good faith in abolishing redundant position; and

b) Fair and reasonable criteria in selecting employees to be dismissed, such as but not limited to less preferred
status (e.g. temporary employee), efficiency and seniority (Asian Alcohol Corp. vs. NLRC, 305 SCRA 416);

c) A one-month prior notice is given to the employee and DOLE Regional Office as prescribed by law.

May an employee be placed on floating status?

Yes, provided it is permitted under circumstances for a period of not more than six (6) months. Beyond this
period, floating status becomes constructive dismissal which entitles the employee to separation pay 

Are quitclaims valid?

Yes, provided that these are voluntarily signed and the consideration is reasonable and is not against the law
or public policy. 

Quitclaims entered into by union officers and some members do not bind those who did not sign it 

You might also like

pFad - Phonifier reborn

Pfad - The Proxy pFad of © 2024 Garber Painting. All rights reserved.

Note: This service is not intended for secure transactions such as banking, social media, email, or purchasing. Use at your own risk. We assume no liability whatsoever for broken pages.


Alternative Proxies:

Alternative Proxy

pFad Proxy

pFad v3 Proxy

pFad v4 Proxy