1.

Give atleast 5 just causes for termination of employment

JUST CAUSES FOR TERMINATION (SGFCO)

1. Serious misconduct or willful disobedienceby the Ee of the lawful orders of his Er or
representative in connection with his work;
2. Gross and habitual neglect by the Ee of his duties;
3. Fraud or willful breach by the Ee of the trust reposed in him by his Er or duly organized
representative;
4. Commission of a crime or offense by the Ee against the person of his Er or any immediate
member of his family or his duly authorized representative;
5. Other causes analogous to the foregoing (LC, Art. 297, as renumbered)

For an act to be included in analogous cases of just causes of termination, it must be due to the
voluntary and/or willful act or omission of the Ee (Nadura v. Benguet Consolidated, G.R. No. L-
17780, August 24, 1962).

e.g.: 1. Violation of company rules and regulations 2. Immorality, Drunkenness or Fighting inside
the premise 3. Gross inefficiency 4. Illegally diverting Er’s products 5. Failure to heed an order
not to join an illegal picket 6. Violation of safety rules and code of discipline 7. Theft of company
property

To fall within the ambit of “analogous cases” the act or omission must have an element similar to
those found in the specific Just cause enumerated under Art. 282

2. Name at least 5 authorized causes for separation of emplyees

Authorized causes – initiated by the employer’s exercise of management prerogative, who shall
be liable to pay separation pay as mandated by law. It does not usually require delinquency or
culpability on the part of the employee

Authorized causes of termination by the Er: (IRRCD)

1. Installation of labor-saving devices
2. Redundancy
3. Retrenchment
4. Closing or cessation of operation of the establishment or undertaking
5. Disease

3. Explain all the steps in due process prior to termination based on just causes.

Procedural Requirements of Dismissal for Just Causes:

1. Notice (two-notice rule) – the employer is required to furnish an employee who is to be dismissed
with 2 written notices before such termination:

a. Pre-notice- the notice to apprise the employee of the particular acts or omissions for which dismissal
is sought and is considered as the proper charge;

Post-notice- the notice informing the employee of the employer’s decision to dismiss him which notice
must come only after the employee is given a reasonable period from receipt of the first notice within
which to answer the charge, and ample opportunity to be heard and defend himself.

2. Hearing (opportunity to be heard) – the worker may answer the allegations against him in the notice
of dismissal within a reasonable period from receipt of the notice of dismissal with the ample
opportunity to be heard.

3. Judgement/Decision to Dismiss – it should be in writing and should clearly state all the reason
thereof. Under the Perez Doctrine it is no longer the 2 notice rule and hearing, because you can now
dispense the hearing.

The Supreme Court held that what is important is that the parties are given the opportunity to be
heard unless they request for a hearing. What is required is that the complainant is given the
opportunity to be heard (Perez v Philippine Telegram and Telephone Company, G.R. 152048, April
7,2009).

4. Who has the burden of proof :

A. To prove that a dismissal took place: Employee

ADDITIONAL NOTES:
Burden of proof on the employee The employee who is complaining of constructive dismissal
has the burden of proof “to prove that her resignation was not voluntary, but was actually a case
of constructive dismissal, with clear, positive, and convincing evidence”

B. To prove the legality of dismissal: Employer

The burden of proving that the termination was for a valid or authorized cause shall rest on the Er
(LC, Art. 292[b]).

The burden of proof rest upon the Er to show that the dismissal of the Ee is for a just cause, and
failure to do so would necessarily mean that the dismissal is not justified, consonant with the
constitutional guarantee of security of tenure. Due process refers to the process to be followed;
burden of proof refers to the amount of proof to be adduced.

In illegal dismissal cases, the Er is burdened to prove just cause for terminating the employment of
its Ee with clear and convincing evidence to give flesh and blood to the guaranty of security of
tenure granted by the Constitution to Ees under the LC

5. Name the two kinds of employees to whom loss of- trust and confidence may be applicable.
1. Ees occupying positions of trust and confidence (confidential and managerial Ee’s)– To this
class belong managerial Ees, i.e., those vested with the powe rs or prerogatives to lay down
management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or
discipline Ees or effectively recommend such managerial actions

Position of trust and confidenceis one where a person is entrusted with confidence on delicate
matters, or with the custody, handling, or care and protection of the employer’s property
(Pandoy v. NLRC, G.R. No. 67664, May 20, 1992) and/or funds (Gonzales v NLRC, 355 SCRA 197).

2. Ees routinely charged with the care and custody of the Er’s money or property – To this class
belong cashiers, auditors, property custodians, etc., or those who, in the normal and routine
exercise of their functions, regularly handle significant amounts of money or property (Mabeza v.
NLRC, G.R. No. 118506, April 18, 1997)