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Willful disobedience of a lawful order

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Summary

  • To be valid, the just cause of willful disobedience of a lawful order 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 willful disobedience

The standards are:

1) There must be disobedience or insubordination;

2) The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude;

3) The order violated must be reasonable, lawful, and made known to the employee; and,

4) The order must pertain to the duties which he has been engaged to discharge. (Section 5.2[b], 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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