Library of PH Labor Law

D – Fraud or willful breach of trust

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1. Summary

▪ To be valid, the just cause of fraud should comply with prescribed standards.

2. 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)

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References

1987 Philippine Constitution

Presidential Decree No. 442, a.k.a. Labor Code of the Philippines

DOLE Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

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