JUST CAUSES FOR TERMINATION redundancy, the worker affected thereby shall be entitled to a

ART. 282. TERMINATION BY EMPLOYER separation

An employer may terminate an employment for any of the pay equivalent to at least his one (1) month pay or to at least
following one (1) month pay for every year of service, whichever is
causes: higher. In case of retrenchment to prevent losses and in cases of
(a) Serious misconduct or willful disobedience by the closures or cessation of operations of establishment or
employee of undertaking not due to serious business losses or financial
the lawful orders of his employer or representative in reverses, the separation pay shall be equivalent to one (1) month
connection with his work; pay or at least onehalf ( 1 / 2 ) month pay for every year of
(b) Gross and habitual neglect by the employee of his duties; service, whichever is higher. A fraction of at least six (6)
(c) Fraud or willful breach by the employee of the trust months shall be considered as one (1) whole year.
reposed in him by his employer or duly authorized
representative; ART. 284. DISEASE AS GROUND FOR TERMINATION
(d) Commission of a crime or offense by the employee against An employer may terminate the services of an employee who
the person of his employer or any immediate member of his has been found to be suffering from any disease and whose
family or his duly authorized representative; and continued employment is prohibited by law or is prejudicial to
(e) Other causes analogous to the foregoing. his health as well as to the health of his co-employees:
Provided, That he is paid separation pay equivalent to at least
one (1) month salary or to one-half ( 1 / 2 ) month salary for
every year of service, whichever is greater, a fraction of at
ANALOGOUS CAUSES
least six (6) months being considered as one (1) whole year.
The determination of whether the cause for terminating
employment is analogous to any of those enumerated in Article
1. AUTHORIZED CAUSES IN GENERAL
282 of the Code will depend on the circumstances of each case.
Articles 283 and 284 deal with the so-called "authorized"
To be considered analogous to the just causes enumerated,
causes of
however, a cause must be due to the voluntary and/or willful act
termination, as differentiated from the "just" causes in Article
or omission of the employee. In one case, the employer
282. But this differentiation in name is not always observed.
(Violago Trucks) could not continue the employment of four of
Even the Supreme Court calls an "authorized" cause, like
the complainant employees because Petrophil had prohibited
closure of business, a 'just" cause, and termination of
them from entering Petrophil's premises as they were suspected
employment is sometimes called a "dismissal." See, for
of illegally diverting gasoline.2 This is an example of
instance, Shoppers Gain Supermart vs. NLRC, G.R. No.
"analogous cause" as a just cause of dismissal.
110731, July 26, 1996 and AHS/Philippines, G.R. No. 73721,
Similarly, the refusal of the employer (Marquez, Inc.) to allow
March 30, 1987. Indeed, if something is "just" why should it
an employee to drive cargo truck due to the ban imposed against
not be authorized, and why authorize something if it is unjust?
the employee by San Miguel Corporation to enter Coca-Cola
Indicative of the overlapping demarcation, the old law (R.A. N
plant premises who had found the employee guilty of theft of
o . 1787) included among the "just causes" the "closing" or
empty coke bottle, is valid.3Theft committed by an employee
"cessation of operation" of the enterprise which are among the
against another employee (not against the employer) is not
present-day "authorized" causes. Under Article 283 of the
work-related, hence, not serious misconduct under Article
Code, an employer may terminate the employment of any
282(a). But it maybe considered an "Analogous cause" under
employee due to the following causes: (1) installation of labor-
Article 282(e).
saving devices; (2) redundancy; (3) retrenchment to prevent
A cause analogous to serious misconduct is a voluntary and/or
losses; and (4) the closing or cessation of operation of the
willful act or
establishment or undertaking, unless the closing
omission attesting to an employee's moral depravity. The theft,
is for the purpose of circumventing the provisions of law.
if proven by
substantial evidence, is analogous to serious misconduct

ANALOGOUS CAUSES FOR TERMINATION

ART. 283. CLOSURE OF ESTABLISHMENT AND

REDUCTION OF PERSONNEL
The employer may also terminate the employment of any
employee due to the installation of labor-saving devices,
redundancy, retrenchment to prevent losses or the closing or
cessation of operation of the establishment or undertaking
unless the closing is for the purpose of circumventing the
provisions of this Title, by serving a written notice on the
worker and the Ministry of Labor and Employment at least one
(1) month before the intended date thereof. In case of
termination due to the installation of labor saving devices or