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LABOR 2 NOTES: ATTY. DISINI
1
TERMINATION OF EMPLOYMENTGENERAL CONCEPTSCONSTITUTIONAL FOUNDATION FOR THE RIGHTS OFLABOR
 Article 2, Section 18
. The State affirms labor as a primary socialeconomic force. It shall protect the rights of workers and promotetheir welfare.
 Article 13, Section 3.
The State shall afford full protection to labor,local and overseas, organized and unorganized, and promote fullemployment and equality of employment opportunities for all.It shall guarantee the rights of all workers to self-organization,collective bargaining and negotiations, and peaceful concertedactivities, including the right to strike in accordance with law. Theyshall be entitled to security of tenure, humane conditions of work,and a living wage. They shall also participate in policy and decision-making processes affecting their rights and benefits as may beprovided by law.The State shall promote the principle of shared responsibilitybetween workers and employers and the preferential use ofvoluntary modes in settling disputes, including conciliation, andshall enforce their mutual compliance therewith to foster industrialpeace.The State shall regulate the relations between workers andemployers, recognizing the right of labor to its just share in the fruitsof production and the right of enterprises to reasonable returns toinvestments, and to expansion and growth.
SECURITY OF TENURE
 Art. 279. Security of tenure
. In cases of regular employment, theemployer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who isunjustly dismissed from work shall be entitled to reinstatementwithout loss of seniority rights and other privileges and to his fullbackwages, inclusive of allowances, and to his other benefits or theirmonetary equivalent computed from the time his compensation waswithheld from him up to the time of his actual reinstatement. (Asamended by Section 34, Republic Act No. 6715, March 21, 1989)
 Article 277. Miscellaneous Provisions. (b)
Subject to the constitutionalright of workers to security of tenure and their right to be protectedagainst dismissal except for a just and authorized cause and withoutprejudice to the requirement of notice under Article 283 of this Code,the employer shall furnish the worker whose employment is soughtto be terminated a written notice containing a statement of the causesfor termination and shall afford the latter ample opportunity to beheard and to defend himself with the assistance of his representativeif he so desires in accordance with company rules and regulationspromulgated pursuant to guidelines set by the Department of Laborand Employment. Any decision taken by the employer shall bewithout prejudice to the right of the worker to contest the validity orlegality of his dismissal by filing a complaint with the regionalbranch of the National Labor Relations Commission. The burden ofproving that the termination was for a valid or authorized causeshall rest on the employer. The Secretary of the Department of Laborand Employment may suspend the effects of the terminationpending resolution of the dispute in the event of a prima faciefinding by the appropriate official of the Department of Labor and
MA. ANGELA AGUINALDO ATENEO LAW 2010
 
LABOR 2 NOTES: ATTY. DISINI
2Employment before whom such dispute is pending that thetermination may cause a serious labor dispute or is inimplementation of a mass lay-off. (As amended by Section 33,Republic Act No. 6715, March 21, 1989).
NATURE OF THE RIGHT TO SECURITY OF TENURE
•
It is a jurisprudential doctrine that the right is bothconstitutional and statutory. Basis? Article 13, Section 2 ofthe Constitution and Article 279 of the Labor Code
IN WHAT WAYS CAN THE RIGHT TO SECURITY TO TENUREBE VIEWED?
It can be viewed in three ways—1.Legal: constitutional and statutory2.Economic: economic reality or economics of relationship3.Social: one’s standing in the community depends on hiswork
QUIJANO V. BARTOLABAC
•
Employment is a property right
TOLENTINO V. NLRC
•
Security of tenure is a right of paramount value andshouldn't be denied on mere speculation
PHILIPS SEMICONDUCTORS V. FADRIQUELA
•
For a fixed-period employment not to violate the right tosecurity of tenure, the following must be satisfied:
o
Voluntary agreement between the parties
o
Each one dealt with one another more or less inequal terms with no moral dominance
 WHY IS SECURITY OF TENURE AFFORDED THE LABORER? WHY DOES THE STATE AFFORD PROTECTION TO LABOR?
•
The State recognizes that one’s employment is one’slifeblood and livelihood
•
Dependency and economic relations
•
Euro-Linea v. NLRC:
preservation of lives is a basic duty andit is more vital than preservation of company profits
DOESN'T THE STATE TRAMPLE ON MANAGEMENT RIGHTS WITH THE PROTECTION IT AFFORDS LABOR?
•
No
•
The state recognizes management rights, alongside with thefact that it reserves the right to inquire why and how themanagement exercised its right
MANAGEMENT RIGHTS V. SECURITY OF TENURE
•
Again, the State recognizes management rights, as long as itis exercised in good faith and doesn't circumvent employee’srights
SONZA V. ABS-CBN BROADCASTING
•
For there to be entitlement to security of tenure, one mustestablish the existence of an employer-employee relationship
•
This was the case wherein it was held that Sonza was not anemployee of the company but instead is an independentcontractor. The payment of money doesn't automaticallymean there is an EER. The giving of benefits may arise fromcontractual rights but not of employment.
TEST OF EMPLOYER-EMPLOYEE RELATIONSHIP
1.Hiring2.Dismissing3.Payment of wages4.Controla.This test is said to be the ultimate test
b.
This test is satisfied if there has been a
reserved right
MA. ANGELA AGUINALDO ATENEO LAW 2010
 
LABOR 2 NOTES: ATTY. DISINI
3
of control
IS THE “REGULAR EMPLOYMENT” UNDER ARTICLE 279 THESAME WITH THE “REGULAR EMPLOYMENT”CONTEMPLATED IN ARTICLE 280?
•
No, it pertains to being employed
•
All employees are afforded security of tenure regardless ofstatus
COVERAGE OF RIGHT
 Art. 278. Coverage.
The provisions of this Title shall apply to allestablishments or undertakings, whether for profit or not.
 Art. 280. Regular and casual employment.
 
The provisions of writtenagreement to the contrary notwithstanding and regardless of the oralagreement of the parties, an employment shall be deemed to beregular where the employee has been engaged to perform activitieswhich are usually necessary or desirable in the usual business ortrade of the employer, except where the employment has been fixedfor a specific project or undertaking the completion or termination ofwhich has been determined at the time of the engagement of theemployee or where the work or service to be performed is seasonalin nature and the employment is for the duration of the season.An employment shall be deemed to be casual if it is not covered bythe preceding paragraph: Provided, That any employee who hasrendered at least one year of service, whether such service iscontinuous or broken, shall be considered a regular employee withrespect to the activity in which he is employed and his employmentshall continue while such activity exists.
CLASSIFICATION OF EMPLOYMENT STATUS
•
This article is
not a yardstick
for determining the existence ofthe an employment relationship because it
mainlydistinguishes
regular and casual employees, for purposes ofdetermining the right of an employee to certain benefits, to join or form a union, or to security of tenure (Phil. Globalcase, June 2005)
•
Any agreement may provide that one party shall renderservices for and in behalf of another for a considerationwithout being hired as an employee. This is true in the caseof independent contractorship as well as in agencyagreements.
REGULAR EMPLOYMENT, TEST OF DETERMINATION
An employment is deemed regular where the employee either:1.Has been engaged to perform which are usually necessary ordesirable in the usual business or trade of an employer
a.
Opulencia Ice Plant and Storage v. NLRC, 46 SCAD821:
Determination of regular or casual employmentis not affected by the fact of the employee’s regularpresence in the place of work is not required, themore significant consideration being that the workof the employee is usually necessary or desirable inthe business of the employer.
b.
Tan v.
 
Lagrama, 387 SCRA 393:
the primary standardor test for determining regular employment is thereasonable connection between the particularactivity performed by the employee in relation to theusual trade or business of the employer.
c.
RJL Martinez v.
 
NLRC, 127 SCRA 445
: it can beinferred from the length of time that an employeehas been made to do the job if the activitiesperformed by him is usually necessary or desirablein the usual business or trade of the employer.2.Has rendered at least one year of service, whether such
MA. ANGELA AGUINALDO ATENEO LAW 2010
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