QuestionsQuestions (BLR Department Order No. 147-15)
The worker’s right to security of tenure is guaranteed; no employee shall be terminated except for just or authorized cause, and only upon observance of due process.
It applies to all work arrangements where an employer-employee relationship exists, including legitimate contracting/subcontracting arrangements with an existing employer-employee relationship.
By: (1) selection and engagement of the employee; (2) payment of wages; (3) power to dismiss; and (4) power to control the employee’s conduct (control test).
Because employer-employee relationship exists where the person for whom services are performed reserves the right to control not only the end achieved but also the manner and means of achieving it.
Just causes are those under Article 297 (termination by employer) attributable to the employee’s fault or negligence. Authorized causes are those under Articles 298 and 299 (closure/reduction and disease) brought by business exigencies or illness.
Two written notices: (1) first notice with specific grounds, detailed narration of facts, and directive to submit a written explanation; reasonable period is at least five (5) calendar days from receipt. Then ample opportunity to be heard. (2) second notice after determination, stating consideration of circumstances and that grounds are established.
At least five (5) calendar days from receipt of the notice to study accusations, consult/allow representation, gather evidence, and decide on defenses.
Only when requested by the employee in writing, when substantial evidentiary disputes exist, when company rules/practice require it, or when similar circumstances justify it.
Specific causes/grounds (Article 297 and company policies), detailed narration of facts and circumstances supporting the charge, and a directive giving opportunity to submit a written explanation within a reasonable period.
Misconduct; grave and aggravated character; it relates to performance of duties; and proof that the employee becomes unfit to continue working.
There is disobedience/insubordination; it is willful or intentional; the order violated is reasonable, lawful, and made known; and it pertains to the duties the employee is engaged to discharge.
An act/omission/concealment involving breach of legal duty, trust, or confidence; committed against the employer or authorized representative; connected with the employee’s work.
An act/omission/concealment justifying loss of trust and confidence; employee holds a position of trust; loss must be genuine and not simulated; not a subterfuge for improper/illegal/unjustified causes; and not an afterthought made in bad faith.
Due process is deemed complied with upon service of written notice to the employee and the appropriate DOLE Regional Office at least 30 days before effectivity, stating the ground(s) for termination.
It applies in installation of labor-saving devices, redundancy, and retrenchment, except when an employee volunteers to be separated.
Superfluous positions/services; in excess of what is reasonably demanded; good faith in abolishing redundant positions; fair and reasonable criteria in selection; and adequate proof such as new staffing pattern/feasibility studies, job descriptions, and approval by management of restructuring.
For authorized causes, 30-day written notice to the employee and DOLE Regional Office stating the ground is required. Substantively, there must be certification by a competent public health authority that the disease is incurable within six (6) months even with proper medical treatment, and continued employment must be prohibited/prejudicial to health.