The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.
Business Law and Labor Law Updates
Disregarding Company Rules and Regulations: A Ground for Termination
The right of an employer to regulate all aspects of employment, aptly called “management prerogative,” gives employers the freedom to regulate, according to their discretion and best judgment, all aspects of employment, including work assignment, working methods, processes to be followed, working regulations, transfer of employees, work supervision, lay-off of workers and the discipline, dismissal and recall of workers. In this light, courts often decline to interfere in legitimate business decisions of employers. In fact, labor laws discourage interference in employers’ judgment concerning the conduct of their business (Phil. Industrial Security Agency Corp. v. Aguinaldo, 499 Phil. 215, 225 [2005]).
“No sale, No More Work?”: A Brief Discussion on Employee’s Gross Neglect of Duties
One of the grounds for dismissal of an employee is Gross and habitual neglect of duties. Said ground is found under Article 297 on Termination by Employer of the Labor Code of the Philippines, paragraph (b) thereof states:
“Article 297 (282) Termination by Employer. – An employer may terminate an employment for any of the following causes:
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(b) Gross and habitual neglect by the employee of his duties;”
IS PREMATURE RETIREMENT OF EMPLOYEES ALLOWED?
“Article 302 (287). Retirement: Any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or applicable employment contract.
In case of retirement, the employee shall be entitled to receive such retirement benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements: Provided however, That an employee’s retirement benefits under any collective bargaining and other agreements shall not be less than those provided herein.
“Action Speaks Louder than Voice”: Acts of Employer Constituting Dismissal
In illegal dismissal cases, the employer has the burden of proving that the termination was for a valid or authorized cause. This means that the ground for the dismissal of the employee is one of those just or authorized causes enumerated under Articles 297 or 298 of the Labor Code of the Philippines, respectively.
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