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AT A GLANCE:
Every first week of September of every year is declared as the National Crime Prevention Week pursuant to Presidential Proclamation No. 461 dated August 31, 1994.
Every first week of September of every year is declared as the National Crime Prevention Week pursuant to Presidential Proclamation No. 461 dated August 31, 1994. The observance of the National Crime Prevention Week aims to generate community awareness and appreciation of the importance and value of crime prevention and foster interest and participation of the general public. (Proclamation No. 461, s. 1996)
Under the Labor Code, an employee may be terminated due to a commission of a crime against his/her employer.
The law says:
“Article 297. 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.” (Article 297, Labor Code)
Department of Labor and Employment (DOLE) Department Order (D.O.) No. 147-15, Series of 2015 provides for the requisites in order that commission of a crime or offenses against the employer may be considered as a valid ground for termination of his employment.
DOLE D.O. No. 147-15 states:
“To be a valid ground for termination, the following must be present:
- There must be an act or omission punishable or prohibited by law; and
- The act or omission was committed by the employee against the person of the employer, any immediate member of his/her family, or his/her duly authorized representatives.”
It must be noted that a conviction in a criminal case is not a requisite for finding just cause for dismissal. In the case of St. Luke’s Medical Center, Inc. v. Maria Theresa V. Sanchez (G.R. No. 212054, March 11, 2015), the Supreme Court ruled that:
“An employee’s guilt or innocence in a criminal case is not determinative of the existence of a just or authorized cause for his or her dismissal. It is well- settled that conviction in a criminal case is not necessary to find just cause for termination of employment.”
Labor Code protects both the employee and the employer by acknowledging that the employer has the right to management prerogatives. In case of crimes or offenses against the employer, the employer has the right to dismiss the employee as a measure of self-protection.
In the case of Neren Villanueva v. Ganco Resort and Recreation, Inc., et al. (G.R. No. 227175, January 08, 2020), it was held that:
“Indeed, the employer cannot be compelled to retain a misbehaving employee, or one who is guilty of acts inimical to its interests. It has the right to dismiss such an employee if only as a measure of self-protection.”
Read also: LIST: Civil Service Exam requirements for subprofessional, professional levels
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