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Serious misconduct

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Summary

  • To be valid, the just cause of serious misconduct 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 serious misconduct

The standards are:

1) There must be a misconduct;

2) The misconduct must be of such grave and aggravated character;

3) It must relate to the performance of the employee’s duties; and,

4) There must be showing that the employee becomes unfit to continue working for the employer. (Section 5.2[a], 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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