notes for finals (2)
notes for finals (2)
notes for finals (2)
EMPLOYMENT
TERMINATION OF EMPLOYMENT
1. Installation of labor saving devices;
2. Redundancy (duplication of job);
3. Retrenchment to prevent losses;
- Due process in terminating an employee based on a 4. Closing or cessation of operation of the
Just Cause establishment or undertaking.
1. A written notice served on the employee
specifying the ground or grounds for termination - Notice requirement- in cases where termination of
and giving said employee reasonable opportunity employment is authorized, notice for the purpose
within which to explain his side; shall be served to the employee and the DOLE at
2. A hearing or conference; and least one month before the intended date thereof.
3. A written notice of termination was served on the
employee indicating that upon due consideration - DISEASE AS A GROUND FOR DISMISSAL
of all circumstances, grounds have been
established to justify his termination. - If the disease can be cured within a period of 6
months- the employer will only ask the employee to
- JUST CAUSES FOR TERMINATION OF EMPLOYMENT take a leave.
1. Serious misconduct or willful disobedience by the
employee of the lawful orders of his employer or - If the disease cannot be cured within a period of 6
representative in connection with his work; months even with proper medical treatment, the
2. Gross and habitual neglect by the employee of employer shall be authorized to terminate the
his duties; employee.
3. Fraud or willful breach of the trust reposed on 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 the family or his duly
authorized representative; and
5. Other cases analogous to the foregoing.