Serious misconduct

1. Concept

Serious misconduct must be grave and aggravated in character.

The ground of serious misconduct tends to be the most commonly cited just cause for termination. Curiously, it also happens to be most frequently misapplied. This due to the fact that most labor cases involve simple or ordinary – and not serious – misconduct. In these cases, the penalty should have been lower than the ultimate one, dismissal.

To be clear, Labor Law requires that the serious misconduct should not be trivial or unimportant. The nature of the violation must be grave and aggravated in character as to justify the dismissal from employment. Otherwise stated, a simple and ordinary misconduct is not sufficient to be considered a serious misconduct.


⦁ [The employees-Welders- were caught engaging in sexual intercourse on a piece of carton (used as a mattress) by the security guard on duty who reported it to the management via a report. After following due process, the employer dismissed the employees.]

⦁ The just causes for dismissing an employee are provided under Article 282 (now Article 296) of the Labor Code. Under Article 282(a), serious misconduct by the employee justifies the employer in terminating his or her employment.

⦁ Misconduct is defined as an improper or wrong conduct. It is a transgression of some established and definite rule of action, a forbidden act, a dereliction of du...


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