1. Summary
▪ To be valid, the just cause of serious misconduct should comply with prescribed standards.
2. Standards for serious misconduct
The standards are:
1) There must be a misconduct;
2) The misconduct must be of such grave and aggravated character;
3) It must relate to the performance of the employee’s duties; and,
4) There must be showing that the employee becomes unfit to continue working for the employer. (Section 5.2[a], Rule I-A, DOLE D.O. 147-15)
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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
