Pagkakasibak sa trabaho inireklamo (2)
ITO ay bilang tugon sa dulong ni Rita Reyes na inilabas noong Sabado, Pebrero 24.
Good afternoon! Liza, based on the narration of the letter sender, the termination is illegal. An employee may only be terminated with authorized or just cause.
Authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. The authorized causes for termination under Labor Code are as follows:
1. Retrenchment to prevent losses (i.e., reduction of personnel effected by management to prevent losses);
2. Closure or cessation of operation of an establishment not due to serious losses or financial reverses;
3. When the employee is suffering from a disease not curable within a period of six (6) months and his/her continued employment is prejudicial to his/her health or to the health of his/her co –employees;
4. Installation by employer of labor-saving devices;
5. Redundancy, as when the position of the employee has been found to be excessive or unnecessary in the operation of the enterprise; and
6. Impossible reinstatement of the employee to his or her former position or to a substantially equivalent position for reasons not attributable to the fault of the employer, as when the reinstatement ordered by a competent authority cannot be implemented due to closure or cessation of operations of the establishment/employer, or the position to which he or she is to be reinstated no longer exists and there is no substantially equivalent position in the establishment to which he or she can be assigned.
Just causes on the other hand, are based on acts attributable to the employee’s own fault or negligence. The just causes for termination under the Labor Code are the following:
1. Serious misconduct or wilful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or wilful breach by the employee of the trust reposed in him by his employer or duly authorized representative.
4. 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
5. Other causes analogous to the foregoing.
In termination of employment, due process must be observed. Due process entails the right of an employee to be notified of the reason for his/her dismissal at least one month before the intended date of such termination and, in case of just causes, to be provided the opportunity to defend himself/herself following the two-notice rule.
If still employed in the company, reach out to the Regional Office which has the jurisdiction over the workplace for assistance under SEnA (Single Entry Approach) program.
For further assessment of the situation and assistance, here’s the address and contact information of the DOLE-NCR Regional Office:
DOLE-NCR Bldg, 967 Maligaya St., Malate, Manila
TelFax: (02) 400-6011 (02) 303-0364
(02) 303-5921 (02) 484-6034
If terminated and no longer connected with the company, proceed to NLRC for filing of illegal termination case.
This opinion is only based on the facts that is narrated on the sent letter. The judgment may vary when the facts are changed or elaborated.
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