Due Process in Labor Law


▪ Due process implements the constitutional provisions on security of tenure.

▪ It is about complying with the substantive due process and procedural due process.

▪ Termination of employment is different from separation from employment.

▪ Procedural due process is different for just cause and authorized cause.

▪ Non-compliance with due process may result in liability.

1. Concept

Due process is essentially the observance of substantive due process (i.e. causes/grounds) and procedural due process (i.e. steps/procedure) prior to the termination of employment or separation from employment.

At its core, substantive due process guarantees a right to liberty that cannot be taken away or unduly constricted, except through valid causes provided in the law. The concepts of procedural and substantive due process had been carried over and applied to illegal dismissal cases, although notably, employers are not governmental bodies to which these rights usually refer. Agabon v. NLRC described the due process required in dismissing employees as statutory – requirements that the law imposes on employers to comply with, in contrast to constitutional due process rights that guarantee against overreach from the government. (Brown Madonna Press, Inc. v. Cabangon, G.R. No. 200898, 15 June 2015)

Although statutory in nature, the procedural and substantive due process requirements in illegal dismissal cases stem from the protection that the Constitution provid...


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