After reading “Who has the power to suspend the effects of termination of employment?”, read also “What is a Short Sale?”
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The Secretary of the Department of Labor and Employment may defer or suspend the effects of termination while a case of labor dispute is still pending.
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The Secretary may exercise this right if there is prima facie finding that the termination may cause either (1) a serious labor dispute, or (2) implementation of a mass layoff.
- The State is bound under the Constitution to afford full protection to labor and when conflicting interests of labor and capital are to be weighed on the scales of social justice the heavier influence of the latter should be counterbalanced with the sympathy and compassion the law accords the less privileged workingman.
The law says:
Art. 292 (b) of the Labor Code grants the Secretary of the Department of Labor and Employment an extraordinary power with respect to pending labor disputes. It states that:
“Art. 292. Miscellaneous Provisions.
(b) Subject to the constitutional right of workers to security of tenure and their right to be protected against dismissal except for a just and authorized case and without prejudice to the requirement of notice under Art. 283 of this Code, the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for the termination and shall afford the latter ample opportunity to be heard and to defend himself with the assistance of his representative if he so desires in accordance with the company rules and regulations promulgated pursuant to guidelines set by the Department of Labor and Employment. Any decision taken by the employer shall be without prejudice to the right of the worker to contest the validity or legality of his dismissal by filing a complaint with the regional branch of the National Labor Relations Commission. The burden of proving that the termination was for a valid or authorized cause shall rest on the employer.
The Secretary of Labor and Employment may suspend the effects of the termination pending resolution of the dispute in the event of a prima facie finding by the appropriate official of the Department of Labor and Employment before whom such dispute is pending that the termination may cause a serious labor dispute or is in implementation of a mass layoff.” (Emphasis and underscoring supplied.)”
This provision further buttresses the importance of the State’s policy to protect labor as enshrined in both the Labor Code and the 1987 Constitution. This means that the State is bound under the Constitution to afford full protection to labor and when conflicting interests of labor and capital are to be weighed on the scales of social justice the heavier influence of the latter should be counterbalanced with the sympathy and compassion the law accords the less privileged workingman. (Rodolfo Fuentes, et.al. v. NLRC, G.R. No. 110017. 2 January 1997)
What is meant by the “power to defer dismissal” or the “dismissal deferment power” of the Secretary of the Department of Labor and Employment?
As stated in the above-quoted provision of the Labor Code, the Secretary of the Department of Labor and Employment may defer or suspend the effects of termination while a case of labor dispute is still pending. The Secretary may exercise this right if there is prima facie finding that the termination may cause either (1) a serious labor dispute, or (2) implementation of a mass layoff.
Why is there a need for the Secretary of Labor to exercise such extraordinary power to defer the dismissal of an employee if so warranted?
Justice Josue Bellosillo has eloquently written in the case of Alhambra Industries, Inc. v. NLRC (G.R. No. 106771, 18 November 1994) why there is an emerging need to protect labor from unjustified or illegal dismissal. To wit:
“Today, employment is no longer just an ordinary human activity. For most families the main source of their livelihood, employment has now leveled off with property rights which no one may be deprived of without due process of law.
Termination of employment is not anymore a mere cessation or severance of contractual relationship but an economic phenomenon affecting members of the family. This explains why under the broad principles of social justice the dismissal of employees is adequately protected by the laws of the state.”
Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding illegal dismissal, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/0917-5772207.
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