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Gross and habitual neglect of duty

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Gross and Habitual Neglect of Duty

Summary

  • To be valid, the just cause of gross and habitual neglect of duty 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 gross and habitual neglect of duty

The standards are:

1) There must be a neglect of duty; and,

2) The negligence must be both gross and habitual in character. (Section 5.2[c], 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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