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.

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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

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