After reading “May the refusal of an employee to subject himself to a drug test be considered as a just cause for termination of his employment?”, read also “What is an Apprenticeable Occupation under the Labor Code?”
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An employer may terminate an employment due to willful disobedience by the employee of the lawful ordeers of his employer or representative in connection with his work.
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The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude.
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The order violated must be reasonable, lawful, an made known to the employee and must pertain to the duties which he has been engaged to discharge.
The law says:
Article 297 of the Labor Code provides that:
Article 297. [282] Termination by Employer.-· An employer may terminate an employment for any of the following causes:
(a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
(e) Other causes analogous to the foregoing. (Emphasis and underscoring supplied.)
Section 5.2 of Rule I-A of the DOLE Department Order No. 174-15, Series of 2015 provides for the guidelines in the termination of an employee based on just causes. To wit:
“5.2 Standards on Just Causes. An employer may terminate an employee for any of the following grounds:
x x x
(b) Willful Disobedience or Insubordination. – To be a valid ground for termination, the following must be present:
- There must be disobedience or insubordination;
- The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude;
- The order violated must be reasonable, lawful, an made known to the employee; and
- The order must pertain to the duties which he has been engaged to discharge.
x x x”
Jurisprudence says:
In the case of Kakampi and its members Vitor Pañuelos, et.al. v. Kingspoint Express and Logistic (G.R. No. 194813, 25 April 2012), the former drivers of Kingspoint Express were terminated because of willful and deliberate refusal to submit themselves to drug tests. The Supreme Court ruled that the termination of their employment was a valid and just cause for their dismissal. To wit:
“As to whether Kingspoint Express complied with the substantive requirements of due process, this Court agrees with the CA that the concerned employees’ refusal to submit themselves to drug test is a just cause for their dismissal.
An employer may terminate an employment on the ground of serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work.1âwphi1 Willful disobedience requires the concurrence of two elements: (1) the employee’s assailed conduct must have been willful, that is, characterized by a wrongful and perverse attitude; and (2) the order violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties which he had been engaged to discharge. Both elements are present in this case.
As to the first element, that at no point did the dismissed employees deny Kingspoint Express’ claim that they refused to comply with the directive for them to submit to a drug test or, at the very least, explain their refusal gives rise to the impression that their non-compliance is deliberate. The utter lack of reason or justification for their insubordination indicates that it was prompted by mere obstinacy, hence, willful and warranting of dismissal.”
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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