Due Process Termination: Legal Way to Dismiss an Employee
20 October 2016
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
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