Analogous Causes

Summary

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

1. Concept

“Analogous causes” – refer to similar serious and grave violations/offenses similar in character and gravity as the other just causes, namely: serious misconduct, willful disobedience, gross and habitual neglect of duty, fraud, willful breach of trust, commission of a crime.

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.

2. Standards for analogous causes

DOLE Standards:

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

2) The act or omission must be voluntary and/or willful on the part of the employees; and,

3) No act or omission shall be considered as analogous cause unless expressly specified in the company rules and regulations or policies. (Section 5.2[g], Rule I-A, DOLE D.O. 147-15)

a. Act or omission

1st requisite: There must be act or omission similar to those specified just causes.

By way of review, the following are the specified just causes in the Labor Code:

1) Serious Misconduct

2) Willful Disobedience

3) Gross and Habitual Neglect of Duty

4) Fraud

5) Loss of Confidence

6) Commission of a Crime

The above-listed just causes are grave in character and thus justifies the e...

 



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