Due Process

When terminating employment for just causes or separating employees for authorized causes, due process has to be observed.

Due Process 101

Things you need to know

Due Process in Labor Law

a. Substantive Due Process

Substantive Due Process

1) Just Causes

Just Causes

a) Serious Misconduct

Serious Misconduct

Cases: Serious Misconduct

b) Willful Disobedience

Willful Disobedience

Cases: Willful Disobedience

c) Gross and Habitual Neglect of Duty

Gross and Habitual Neglect of Duty

Cases: Gross and Habitual Neglect of Duty

Abandonment of Work or AWOL

d) Fraud

Fraud or Willful Breach of Trust

Cases: Fraud

e) Loss of trust and confidence

Loss of Trust and Confidence

f) Commission of a Crime

Commission of a Crime

Cases: Commission of a Crime

g) Analogous Causes

Analogous Causes

Cases: Analogous Causes

Cases: Moonlighting

2) Authorized Causes

Authorized Causes

a) Installation of Labor-Saving Devices

Installation of Labor-Saving Devices

Cases: Installation of Labor-Saving Devices

b) Redundancy


c) Retrenchment

Retrenchment or Downsizing

d) Closure or Cessation of Operation or Undertaking

Closure or Cessation of Business

e) Disease


3) Other Causes by DOLE

Other Causes by DOLE

b. Procedural Due Process

Procedural Due Process

1) Just Cause Procedure

Just Cause Procedure

2) Authorized Cause Procedure

Authorized Cause Procedure

Burden of Proof

Technical Rules of Procedure

Equipoise Rule

a. Request for Assistance

• Single Entry Approach (SEnA)

b. Complaint

• Employee Complaint

• DOLE Administrative Complaint

1) DOLE Regional Director

DOLE Regional Director

DOLE Secretary

2) National Labor Relations Commission (NLRC)

Labor Arbiter

National Labor Relations Commission

3) National Conciliation and Mediation Board (NCMB)

National Conciliation and Mediation Board

Voluntary Arbitrators

c. Appeal

• Office of the President

• Court of Appeals

• Supreme Court