Gross and habitual neglect of duty

Topic: Due Process
Updated: May 29, 2022

Atty. Jericho Del Puerto

Lawyer, Author, Mentor

1. Summary

▪ To be valid, the just cause of gross and habitual neglect of duty should comply with prescribed standards.

2. Standards for gross and habitual neglect of duty

The standards are:

1) There must be a neglect of duty; and,

2) The negligence must be both gross and habitual in character. (Section 5.2[c], Rule I-A, DOLE D.O. 147-15)

References

▪ 1987 Philippine Constitution

▪ Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

▪ DOLE Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

Serious misconduct

1. Summary ▪ To be valid, the just cause of serious misconduct should comply with prescribed standards. 2. Standards for

Proposed Employees Rest Law

A bill seeking to prohibit employers from disturbing employees rest is a good measure. It may need some properly defined

CBA terms

Summary ▪ A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent. ▪

Management Prerogative, Labor Relations

CBA terms

Summary ▪ A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent. ▪

Certification election

Summary ▪ The certification election determines who will be the sole and exclusive bargaining agent in an organized establishment, particularly

Duty to bargain

Summary ▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain

a woman holding a cardboard with inscription

Policy on donating leave credits

Is it valid if an employer comes out with a policy allowing employees to donate the cash equivalent of their

Selection and hiring of employees

1. Summary ▪ Selection and hiring of employees are included in management prerogative. 2. Concept Selection and hiring refer to

Due Process, Post-Employment

crop ethnic client discussing problems with anonymous psychologist

Analogous Causes

Analogous cause refers to those similar to the enumerated just causes.

Reinstatement

Summary ▪ Reinstatement is due to an illegally dismissed employee. ▪ Separation pay in lieu of reinstatement is an alternative