Labor law is founded on social justice.
What is social justice in Labor Law?
In the context of labor and employment, social justice ensures that “those who have less in life must have more in law.” (Justice Velasco, Jr., Separate and Dissenting Opinion in Perez v. Philippine Telegraph and Telephone Company, G.R. No. 152048, 07 April 2009,)
Between labor and capital, the employees are usually at an economic disadvantage against the employer who wields a powerful right – management prerogative. Consequently, employees end up having no other option but to comply with the employer’s instructions, which may or may not be valid. Thus, the aim of social justice is to give more rights and protection to the employees through labor laws, rules, and regulations.
Thus, when it comes to just cause termination, the Courts ensure that the employers observe the requirements of due process considering that the livelihood of the employee is at stake. As dismissal is the ultimate form of penalty, the employers are reminded to impose it only as a last resort and when grounds are serious and true.
“To [the Supreme Court], dismissal should only be a last resort, a penalty to be meted only after all the relevant circumstances have been appreciated and evaluated with the goal of ensuring that the ground for dismissal was not only serious but true. The cause of termination, to be lawful, must be a serious and grave malfeasance to justify the deprivation of a means of livelihood. This ...
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