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Illegal Dismissal Term Paper

Illegal Dismissal Term Paper

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Published by Ramil F. De Jesus
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Categories:Types, School Work
Published by: Ramil F. De Jesus on Jul 20, 2013
Copyright:Attribution Non-commercial


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Ramil F. De Jesus
One‟s job is one‟s property. If a person will be deprived of his job it is
equivalent to deprivation of property which the Constitution amply protects. TheBill of Rights of the Constitution provides:
No person shall be deprived of life, liberty or propertywithout due process.
The Labor Code of the Philippines however, provides for circumstanceswhen an employee may be dismissed from the service:(a) Serious misconduct or willfuldisobedience by the employee of the lawfulorders of his employer or representative inconnection with his work;(b) Gross and habitual neglect by theemployee of his duties;(c) Fraud or willful breach by theemployee of the trust reposed in him by hisemployer or duly authorized representative;(d) Commission of a crime or offenseby the employee against the person of hisemployer or representativesany immediatemember of his family or his duly authorized;and(e) Other causes analogous to theforegoing.There are other authorixzed causes where an employer may validlyterminatiesan employees. They are [provided in Art. 283 of the Labor Code, itr states:Under Article 283 of the Labor Code,the employer may also terminate theemployment of any employee due to theinstallation of labor-saving devices,redundancy, retrenchment to prevent lossesor the closing or cessation of operation of theestablishment or undertaking unless theclosing is for the purpose of circumventing theprovisions of this Title, by serving a writtennotice on the workers and the Department of Labor and Employment at least one (1) monthbefore the intended date thereof. In case of 
termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to aseparation pay equivalent to at least his one(1) month pay or to at least one (1) month payfor every year of service, whichever is higher.In case of retrenchment to prevent losses andin cases of closures or cessation of operations of establishment or undertakingnot due to serious business losses or financial reverses, the separation pay shall beequivalent to one (1) month pay or at leastone-half (1/2) month pay for every year of service, whichever is higher. A fraction of atleast six (6) months shall be considered one(1) whole year.When the termination effected is not in accordance with the aboveprovisions then the termination is illegal and the dismissed employee shall bereinstated with full backwageswithout loss of seniority ranks. In somecircumstances, even if the termination of services is in accordance with theabove mentioned provisions when the termination, the termination may beconsidered as illegal and may subject the employer to payment of damages.Illegal dismissal amounts to deprivation of property, a right which is fullyand amply protected by the Constitution. The contribution of Labor in thedevelopment of the country is equally respected by the Constitution as itprovides:
1. To provide an overview on the topic of illegal dismissal2. To discuss the effect of illegal dismissal.
Termination by employer means the act of dismissing an employee in amanner provided in the Labor Code. Any other means of dismissing an employeeand in accordance with the Labor Code is illegal dismissal.
Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work 
One of the just causes enumerated in the Labor Code is seriousmisconduct. Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty,willful in character, and implies wrongful intent and not mere error in judgment.Such misconduct, however serious, must nevertheless be in connection with theemployee's work to constitute just cause for his separation. Thus, for misconductor improper behavior to be a just cause for dismissal, (a) it must be serious; (b) itmust rel
ate to the performance of the employee‟s duties; and (c) it must show
that the employee has become unfit to continue working for the employer.( G.R.No. 164181). In this case, the Court found the language of the letter explanationof an employee to constitute improper or wrong conduct that warrants dismissal,it ruled:
Going through the records, this Court found evidence tosupport the allegation of serious misconduct or insubordination. Petitioner claims that the language usedby respondent in his Letter-Explanation is akin to amanifest refusal to cooperate with company officers, andresorted to conduct which smacks of outright disrespectand willful defiance of authority or insubordination. Themisconduct to be serious within the meaning of the Labor Code must be of such a grave and aggravated character and not merely trivial or unimportant.[20] The Letter-Explanation[21] partly reads:
“Again, it's not negligence on my part and I'm not alone
to be blamed. It's negligence on your part [Perla Go] and A.A. Del Rosario kasi, noong pang April 1999 ay alamninyonahindiakoangdapat may responsibilidad ng  payroll kundiang Section Head ehbakithindininyopinahawaksa Section Head noon pa.Patikamingdalawasa payroll, kasamakosi Thelma.Tinanggalnyosi Thelma. Hindi nyobanaisipnakailangandalawaangtaosa payroll  parapag absent angisa ay may gagawa. Dapat noonnyo pa naisipiyan.Angtagalkonggumawa ng 
This Court finds the above to be grossly discourteousin content and tenor. The most appropriate thing he couldhave done was simply to state his facts without resorting tosuch strong language. Past decisions of this Court havebeen one in ruling that accusatory and inflammatorylanguage used by an employee to the employer or superior 
can be a ground for dismissal or termination.”
(NissanMotor Phils. V. Angelo, G. R. No. 164181)Gross habitual neglect of duty

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