Analogous causes

1. Summary

▪ To be valid, the just cause of analogous causes should comply with prescribed standards.

2. Standards for analogous causes

The standards are:

1) There must be an act or omission similar to those specified just causes; and,

2) The act or omission must be voluntary and/or willful on the part of the employees. (Section 5.2[g], Rule I-A, DOLE D.O. 147-15)

DO-147 requires that an analogous cause should be expressly specified in the company rules and regulations or policies, to be valid.

Analogous causes refer to similar serious and grave violations/offenses as those listed in Nos. 1 to 6, that would justify the dismissal of an employee. Examples of analogous causes may be found in Supreme Court Decisions or Jurisprudence, such as insubordination, loss of trust and confidence, attitude problem, excessive tardiness or absences, discourteous/impolite remarks against a superior, to name a few.

..

References

1987 Philippine Constitution

Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

DOLE Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.

Related content

YouTube Channel

More content

Articles

colleagues looking at laptop

Security of Tenure

The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees. This right ensures

people rallying on street

Picketing

1. Concepts “Picketing” – refers to the right of workers to march to and fro before an establishment involved in

coworkers standing near the table

Retrenchment or downsizing

Retrenchment or downsizing – refers to “the economic ground for dismissing employees and is resorted to primarily to avoid or

a couple in a psychotherapy session

Voluntary arbitration

1. Concepts “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent,

Promotion of an employee

Summary ▪ Promotion is the advancement of a position with an increase in duties and responsibilities. ▪ Increase of salary

Videos

Podcasts