Security of Tenure

Concept

• Security of Tenure

Security of Tenure

Concept

• Due Process in Labor Law

Due Process in Labor Law

Concept

• Substantive Due Process

Substantive Due Process

Concept

• Just Causes

Just Causes

a. Serious Misconduct

• Serious Misconduct

• Cases: Serious Misconduct

b. Willful Disobedience

• Willful Disobedience

• Cases: Willful Disobedience

Willful Disobedience

c. Gross and Habitual Neglect of Duty

• Gross and Habitual Neglect of Duty

• Cases: Gross and Habitual Neglect of Duty

• Abandonment of Work or AWOL

d. Fraud

• Fraud or Willful Breach of Trust

• Cases: Fraud

e. Loss of trust and confidence

• Loss of Trust and Confidence

Loss of Trust and Confidence

f. Commission of a Crime

• Commission of a Crime

• Cases: Commission of a Crime

g. Analogous Causes

• Analogous Causes

• Cases: Analogous Causes

• Cases: Moonlighting

Analogous Causes

Concept

• Authorized Causes

Authorized Causes

a. Installation of Labor-Saving Devices

• Installation of Labor-Saving Devices

• Cases: Installation of Labor-Saving Devices

b. Redundancy

• Redundancy

Redundancy

c. Retrenchment

• Retrenchment or Downsizing

d. Closure or Cessation of Operation or Undertaking

• Closure or Cessation of Business

e. Disease

• Disease

Disease

Concept

• Other Causes by DOLE

Other Causes by DOLE

Concept

• Procedural Due Process

Procedural Due Process

a. Just Cause Procedure

• Just Cause Procedure

Just Cause Procedure

b. Authorized Cause Procedure

• Authorized Cause Procedure

Authorized Cause Procedure

a. Concept

• Illegal Dismissal

• Constructive Dismissal

Illegal Dismissal

b. Consequences of illegal dismissal

• Consequences of Illegal Dismissal

• Reinstatement

• Strained relations doctrine

Full Backwages

• Full Backwages

• Moral Damages

• Nominal Damages

• Exemplary Damages

• Attorney’s Fees

Attorney’s Fees

• Cases: Prescriptive Period for Illegal Dismissal

Cases: Prescriptive Period for Illegal Dismissal

a. Request for Assistance

• Single Entry Approach (SEnA)

b. Complaint

• Employee Complaint

• DOLE Administrative Complaint

1) DOLE Regional Director

• DOLE Regional Director

• DOLE Secretary

2) National Labor Relations Commission (NLRC)

• Labor Arbiter

• National Labor Relations Commission

3) National Conciliation and Mediation Board (NCMB)

• National Conciliation and Mediation Board

• Voluntary Arbitrators

c. Appeal

• Office of the President

• Court of Appeals

• Supreme Court