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Fraud or willful breach of trust

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Summary

  • To be valid, the just cause of fraud 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 fraud or willful breach of trust

The standards are:

1) There must be an act, omission, or concealment;

2) The act, omission, or concealment involves a breach of legal duty, trust, or confidence justly reposed;

3) It must be committed against the employer or his/her representative; and,

4) It must be in connection with the employee’s work. (Section 5.2[d], Rule I-A, DOLE D.O. 147-15)

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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