Substantial Evidence Rule

Substantial Evidence Rule

Whether for just or authorized cause – including DOLE’s other cause, the employer should note and comply with the substantial evidence rule required by Labor Law. In dismissal, the burden of proof is on the employer. To discharge this responsibility, the employer has to present substantial evidence to prove that the dismissal was valid. Substantial…

Other Causes by DOLE

Other Causes by DOLE

DOLE D.O. 147-15 recognizes “Other Causes” as grounds for employee termination under Rule I-A, viz: “Section 6. Other Causes of Termination. In addition to Section 4, the employer may also terminate an employee based on reasonable and lawful grounds specified under its company policies. An employee found positive for use of dangerous drugs shall be…

Due Process

Due Process

1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in the ancient and immortal words said in Greek Mythology: Strike, but hear me first! Before the employer may impose a penalty as a result of a disciplinary action, the employees should know what they are…

Disciplinary Action

Disciplinary Action

In the world of private sector employment, it does happen that a few employees underperform and/or commit violations. The employer is allowed by law to impose disciplinary actions against these erring employees to correct unlikable behavior. As a result, sanctions or penalties may be imposed ranging from verbal warning, written reprimand, suspension without pay, and…

Security of Tenure

Security of Tenure

The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees. This right ensures that an employee cannot be dismissed from employment without due process of law. This guarantee extends to all employees working in the Philippines – whether a Filipino or a foreigner. CASE STUDY Dosch v. Northwest…

No at-will employment

No at-will employment

At-will employment is neither recognized nor permitted under Philippine Labor Law. What is at-will employment? At-Will employment is when an employer may terminate employment at any time and without need of any cause or ground. As the term suggests, the employment is at the will or desire of the employer. While certain countries allow at-will…