TERMINATION has been agreed upon in the employment

Termination of employment is the cessation of contract, CBA or other forms of er-ee

the er-ee relationship done by either agreement.
termination by the employer or termination by Involuntary resignation or constructive
the employee. dismissal is the termination of the employee of
Valid termination by the employer is done his or her employment due to employer’s
through (1) just causes or (2) authorized actions that make the employment
causes. unreasonable, impossible or unbearable.
Employers may validly terminate an employee Some of the reasons are the following:
through just causes. This is a situation where a.​ Demotion in rank;
the employee is at fault or has committed a b.​ Diminution in pay;
violation as against the employer. Among c.​ Hostile environment;
these just causes are the following: d.​ Discrimination
a.​ Willful disobedience; Employees who are constructively dismissed
b.​ Commission of a crime against the are entitled to reinstatement or separation pay.
employer or his or her representative; —---------------------------------------------------------
c.​ Gross and habitual negligence of duty; REQUIREMENTS FOR VALID TERMINATION
d.​ Abandonment Termination of employment must afford the
e.​ Serious misconduct; parties substantive and procedural due
f.​ Fraud or breach of trust process.
Separation pay may or may not be paid to the Substantive due process where the termination
employee. of the employment is due to just and
Termination upon authorised causes happens authorized causes.
when the employee is terminated not by his or Procedural due process where there is a
her fault but by reasonable causes of the twin-notice rule and an opportunity to be heard
employer such as the exercise of management given to the employee.
prerogative or due to economic The twin-notice rule necessitates (1) pre-notice
circumstances.Among the examples of to be given to the employee where the
authorized causes are the following: employer lists down just or authorized causes
a.​ Redundancy; for the dismissal. The employee is given time
b.​ Retrenchment(must be due to serious to prepare for his or her response. Usually,
imminent losses, strict criteria like employee is given 5 days to respond. After
seniority or performance to determine which, a notice of termination is given to the
who is to let go); employee, informing him or her of her
c.​ Diseases; dismissal.
d.​ Installation of labor-saving device The employee is given an opportunity to be
(automations at work); heard and respond to allegations but a formal
e.​ Closure or cessation of operation; hearing is not usually resorted to. Employee
f.​ Other analogous circumstances may be heard through filing explanations or
Separation pay is required for terminated pleadings before proper authorities.
employees by authorised causes. Failure to comply with the procedural
Termination by employee. An employee may requirements by the employer will result to him
end the ee-er relationship by his or her (1) or her being liable for nominal damages,
voluntary resignation or (2) involuntary notwithstanding the presence of just and
resignation or constructive dismissal. authorized causes for the dismissal of the
Voluntary resignation is employee’s employee.
termination of hos or her employment due to The burden of proof will be on the employer to
personal reasons. No separation pay unless it list down the just and authorized causes to
justify the dismissal of the employee. He or exceeds 30 days without pay, it will
she must present clear and convincing amount to constructive dismissal.
evidence.
—---------------------------------------------------------
REMEDIES FOR ILLEGAL DISMISSAL
The employees who are illegally dismissed
may be given the following remedies:
a.​ Reinstatement without losing seniority
rights(primary remedy);
b.​ Separation pay in lieu of reinstatement;
c.​ Full backwages;
d.​ Damages
Reinstatement of employees aims to restore
the employee to the position prior to the illegal
dismissal.
Separation pay may be given to employees if
reinstatement is not possible due to strained
relationship between the employee and the
employer.
Full backwages paid to employees from the
time of illegal dismissal to reinstatement.
Damages be given to employees such as
moral and exemplary damages in certain
cases.
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SPECIAL CONSIDERATIONS
1.​ Retirement is separation of an
employee upon reaching a certain age
or certain service requirement.
Retirement benefits are generally given
alongside separation pay in some
cases;
2.​ OFWs’ termination of employment
without valid causes are entitled to full
reimbursement of placement fees plus
interest and salaries of the unexpired
term of their contractual employment as
provided for by special laws;
3.​ Doctrine of strained relationship.
Reinstatement is impossible due to
betrayal of trust between an employee
and employer.Separation pay may be
given to employee in lieu of
reinstatement.
4.​ Preventive suspension. An employer
may suspend an employee pending
investigation of an offense but should
not exceed 30 days. If suspension