Blog Posts on employee discipline and termination




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Termination of Employment for Health Reasons (Disease) by Philippine Labor Laws on Sep 5, 2011An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees. (Art. 284, LC) Re...



Computation of Separation Pay by Philippine Labor Laws on Sep 2, 2011Separation pay may be computed based on the terms provided in the employment contract, company policy, or collective bargaining agreement. Company practice may likewise be used as basis for computation, if such practice has been established for years...



Reinstatement Pending Appeal by Philippine Labor Laws on Feb 19, 2010Need for Writ of Execution Policy of the Law Duty to Implement Reinstatement is Ministerial Effect of Refusal of Employer to Reinstate Employee Option of Payroll Reinstatement Effect of Reversal on Appeal The Refund Doctrine (Genuino case) Immediate...



Reliefs of Illegally Dismissed Employees by Philippine Labor Laws on Feb 15, 2010Right to Reinstatement Reinstatement Meaning Remedy when Reinstatement is no Longer Possible Doctrine of “Strained Relations” Concept Right to Backwages Backwages Meaning Effect of Failure to Claim Backwages Computation of Backwages Methods of Co...



Termination Process (Just Causes) by Philippine Labor Laws on Feb 6, 2010Procedural Due Process. For termination of employment based on just causes, the procedural due process requires that the employee be given the benefit of the so-called twin-notice and hearing, as follows: First notice: Notice to Explain (NTE) or o...



Termination Process (Authorized Causes) by Philippine Labor Laws on Feb 5, 2010Requirements of Procedural Due Processs For valid termination based authorized causes under Article 283 of the Labor Code, the following requirements called procedural requirements of due process must be complied with: Prior to termination, the em...



Loss of Confidence by Philippine Labor Laws on Feb 3, 2010Loss of confidence arising from fraud or willful breach of trust by employee of the trust reposed in him by his employer or duly authorized representative is a just cause for termination under Article 282 of the Labor Code of the Philippines. Fraud...



Gross and Habitual Neglect of Duty by Philippine Labor Laws on Feb 3, 2010Gross Negligence Meaning. Gross negligence is a just cause for termination of employment by employer under Article 282 of the Labor Code of the Philippines. Gross negligence has been defined as the want or absence of or failure to exercise slight c...



Disobedience as Ground for Dismissal by Philippine Labor Laws on Feb 2, 2010Employee’s Duty of Obedience 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 actions. Under Article 2...



Serious Misconduct by Philippine Labor Laws on Jan 30, 2010Serious Misconduct concept Serious misconduct is one of the just causes for termination of employee under Article 282 of the Labor Code. Misconduct has been defined as improper or wrong conduct. It is the transgression of some established and def...