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    Dept Order No - 147-15

    Uploaded by

    Anton Mercado
    The document amends the implementing rules and regulations of Book VI of the Philippine Labor Code regarding just and authorized causes for termination of employment. It outlines guiding principles recognizing workers' right to security of tenure except for just or authorized cause as determined by due process. The rules apply to all employer-employee work arrangements and legitimate contracting. An employer-employee relationship is determined by a four-fold test focusing on control, with the "control test" being most crucial. Terms like "authorized causes" and "just causes" are also defined in relation to relevant articles of the Labor Code.

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    © All Rights Reserved
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    Dept Order No - 147-15

    Uploaded by

    Anton Mercado
    733 views1 page
    The document amends the implementing rules and regulations of Book VI of the Philippine Labor Code regarding just and authorized causes for termination of employment. It outlines guiding principles recognizing workers' right to security of tenure except for just or authorized cause as determined by due process. The rules apply to all employer-employee work arrangements and legitimate contracting. An employer-employee relationship is determined by a four-fold test focusing on control, with the "control test" being most crucial. Terms like "authorized causes" and "just causes" are also defined in relation to relevant articles of the Labor Code.

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    DO 147-15

    Original Title

    081713_Dept Order No_ 147-15

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    The document amends the implementing rules and regulations of Book VI of the Philippine Labor Code regarding just and authorized causes for termination of employment. It outlines guiding principles recognizing workers' right to security of tenure except for just or authorized cause as determined by due process. The rules apply to all employer-employee work arrangements and legitimate contracting. An employer-employee relationship is determined by a four-fold test focusing on control, with the "control test" being most crucial. Terms like "authorized causes" and "just causes" are also defined in relation to relevant articles of the Labor Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    733 views1 page

    Dept Order No - 147-15

    Uploaded by

    Anton Mercado
    The document amends the implementing rules and regulations of Book VI of the Philippine Labor Code regarding just and authorized causes for termination of employment. It outlines guiding principles recognizing workers' right to security of tenure except for just or authorized cause as determined by due process. The rules apply to all employer-employee work arrangements and legitimate contracting. An employer-employee relationship is determined by a four-fold test focusing on control, with the "control test" being most crucial. Terms like "authorized causes" and "just causes" are also defined in relation to relevant articles of the Labor Code.

    Copyright:

    © All Rights Reserved
    Download as DOCX, PDF, TXT or read online from Scribd
    Download as docx, pdf, or txt
    of 1

    : 7

    Republic of the Philippines


    DEPARTMENT OF LABOR AND EMPLOYMENT
    Intramuros, Manila

    DEPARTMENT ORDER NO. N7-1S-


    Series of 2015

    AMENDING THE IMPLEMENTING RULES AND REGULATIONS OF BOOK VI


    OF THE LABOR CODE OF THE PHILIPPINES, AS AMENDED

    SECTION 1. Pursuant to Article 5 of the Labor Code of the Philippines, as


    amended, on the rule-making power of the Secretary of Labor and Employment, the
    following Rules governing the application of the just and authorized causes of
    termination of employment under Articles 297-299 of the Labor Code, as amended,
    are hereby issued as follows:

    RULE I-A
    APPLICATION OF JUST AND AUTHORIZED CAUSES OF TERMINATION

    Section 1. Guiding Principles. The workers' right to security of tenure is


    guaranteed under the Philippine Constitution and other laws and regulations. No
    employee shall be terminated from work except for just or authorized cause and upon
    observance of due process.

    Section 2. Coverage. This Rules shall apply to all parties of work


    arrangements where employer-employee relationship exists. It shall also apply to all
    parties of legitimate contracting/subcontracting arrangements with existing employer-
    employee relationships.

    Section 3. Employer-Employee Relationship. To ascertain the existence of


    an employer-employee relationship, the four-fold test shall apply, to wit: (1) the
    selection and engagement of the employee; (2) the payment of wages; (3) the power
    of dismissal; and (4) the power to control the employee's conduct, or the so-called
    "control test." The so-called "control test" is commonly regarded as the most crucial
    and determinative indicator of the presence or absence of an employer-employee
    relationship. Under the control test, an employer-employee relationship exists where
    the person for whom the services are performed reserves the right to control not only
    the end achieved, but also the manner and means used to achieve that end.1

    Section 4. Definition of Terms. The following terms as used in this Rules,


    shall mean:

    (a) "Authorized Causes" refer to those instances enumerated under Articles


    298 [Closure of Establishment and Reduction of Personnel] and 299 [Disease as a
    Ground for Termination] of the Labor Code, as amended. These are causes brought

    1
    David vs. Macasio, G.R. No. 1954661, July 2, 2014.

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