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Analogous causes

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Summary

  • To be valid, the just cause of analogous causes should comply with prescribed standards.

Legal basis

The legal basis is the P.D. 442, otherwise known as the Labor Code, Supreme Court Decisions, and DOLE Regulations.

Standards have been set or prescribed for each authorized cause through Supreme Court Decisions and DOLE regulations, such as Department Order No. 147, series of 2015 (DOLE D.O. 147-15).

Standards for analogous causes

The standards are:

1) There must be an act or omission similar to those specified just causes; and

2) The act or omission must be voluntary and/or willful on the part of the employees. (Section 5.2[g], Rule I-A, DOLE D.O. 147-15)

DO-147 requires that an analogous cause should be expressly specified in the company rules and regulations or policies, to be valid.

Analogous causes refer to similar serious and grave violations/offenses as those listed in Nos. 1 to 6, that would justify the dismissal of an employee. Examples of analogous causes may be found in Supreme Court Decisions or Jurisprudence, such as insubordination, loss of trust and confidence, attitude problem, excessive tardiness or absences, discourteous/impolite remarks against a superior, to name a few.

References

  • 1987 Constitution
  • Presidential Decree No. 442, a.k.a. Labor Code
  • DOLE Department Order No. 147, Series of 2015
  • Jurisprudence or Supreme Court Decisions
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