1. Concept (c) “Closure or Cessation of Business” refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Closure of a business or undertaking due to business losses is the reversal of fortune of the…
1. Concept [r] “Retrenchment” refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees….
1. Concept (q) “Redundancy” refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) Redundancy exists when the service capability of the workforce is…
1. Concept (m) “Installation of Labor-saving Devices” refers to the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) The installation of labor-saving devices contemplates the installation of machinery to…
Summary ▪ Authorized causes are grounds for separating an employee through no fault of theirs. ▪ There are standards for each authorized cause set or prescribed by Jurisprudence or Supreme Court Decisions, as well as DOLE regulations. ▪ Separation pay is due to employees who have be separated due to authorized causes, except for closing…
1. Concept Serious misconduct must be grave and aggravated in character. The ground of serious misconduct tends to be the most commonly cited just cause for termination. Curiously, it also happens to be most frequently misapplied. This due to the fact that most labor cases involve simple or ordinary – and not serious – misconduct….
1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer.” (Section 4 [l], Rule I-A, DOLE D.O. No. 2015-147) If an employee disobeys…
1. Concept Gross and habitual neglect of duty go together. Gross neglect refers to “the absence of that diligence that an ordinary prudent man would use in his/her own affairs.” (Section 4 (j), Rule I-A, DOLE D.O. No. 2015-147) On the other hand, habitual neglect refers to “repeated failure to perform one’s duties over a…
1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to…
Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article 282(c) of the Labor Code states that the loss of trust and confidence must be based on willful breach of the trust reposed in the employee by his employer. Such…