Just Causes Under the Labor Code Just causes for termination under the Labor Code is found in Article 282 and enumerated here as follows: 1. 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. - You should have received Notice of Charge and sign Proof of Due Notice. - Notice should be filed right after misconduct done, since you cannot be filed with on a retroactive complain just by thru allegation. 2. 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. - a written complain is a must, - with a complainant, - time of complain, - reason of complain, - actual complain detail and witnesses. 3. 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. - a written complain also is a must stating reason and mitigating instances resulting on gross and habitual neglect of duties, - with a complainant, - time of complain, - reason of complain, - actual complain detail and witnesses. 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. On the other hand, the following are considered as authorized causes for termination: (1) Installation of labor-saving devices; (2) Redundancy; (3) Retrenchment to prevent losses; (4) Closing or cessation of business; and (5) Disease of the employee whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his employees (Articles 283 and 284, Labor Code).
Posted on: Fri, 28 Nov 2014 01:46:05 +0000
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