Library of PH Labor Law

1 – Serious misconduct

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1. Summary

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

2. 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)

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References

▪ 1987 Philippine Constitution

▪ Presidential Decree No. 442, a.k.a. Labor Code

▪ Department of Labor and Employment, Department Order No. 147, Series of 2015

▪ Jurisprudence or Supreme Court Decisions

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