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 Airlines, Inc.

En Banc, G.R. No. L-51182, 05 July 1983

[The employee – an American and resident Manager of the company – was dismissed for his refusal to be promoted which required him to go back to the U.S.]

There can be no dispute that the constitutional guarantee of security of tenure mandated under Section 9, Article 2, 1973 Constitution applies to all employees and laborers, whether in the government service or in the private sector.

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The guarantee makes sense in light of the fact that employment is usually the only means of livelihood for many employees. When employees lose their job, it usually affects not only them but also their families. They tend to undergo hardships and difficulties. This is more pronounced in employees who earn the minimum wage.

Accordingly, as an act of social justice, the 1987 Constitution ensures and guarantees the right to security of tenure in favor of the employees who usually have less in life compared to the employer. It is thus the law itself that intervenes and tilts the scales in favor of the employees.

CASE STUDY

Rance v. National Labor Relations Commission

G.R. No...

 



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