Illegal Dismissal of Nongovernmental

Employees without just cause

CN 19, Lepiten, Rosalito P.

PL2A
 INTRODUCTION

Making our own worker’s life miserable is like dipping the country’s economy into
poverty. One of the most problems in the Philippine employment especially in nongovernmental
employment is illegal dismissal. This kind of problem in the Philippine employment is a process
of ending, terminating, or firing the employee’s term without a very just legal cause. It may have
great negative effect on the country’s employment development and in economic progression.
Mainly in the Philippines, there are two kinds of employment in the Philippine labor the first
one are those who works for the government which the government is their employer and the
second one is the nongovernmental employment those are the workers who work on private
owned company or those who does not work under the government premises.

However, in the case of illegal dismissal in government employee there are no records
that there is an issue of unlawful dismissal. But in the case of nongovernmental employees sadly,
there are many illegal dismissal cases settled in every court in the country. As I mentioned
above, the impact of illegal dismissal has a great negative on effect on worker’s right and turns
the country into severe poverty which also can be the high increase in unemployment rate. When
we talk about the impact of unlawful dismissal to the worker’s right it does have a great negative
impact because in the Philippine setting the workers and the employment are the one that should
and always be prioritize by the government. The second negative impact of unlawful dismissal is
that turning the country’s economy into poverty by the increase of unemployed workers.

To prevent and address this unlawful dismissal case, the government formed a law that
can focus on this kind of matter especially to stay focused on the employment of the country that
believes the main source of the economic development this is all enclosed in the Philippine labor
code. Especially to settle the illegal dismissal on nongovernmental employees without just cause.
In this position paper you can read a citation and related cases which happened already and in
line with the wrongful unlawful dismissal in the countries employment. You can also read some
article that is a law which the guidelines in order for the reader as a basis in analyzing the related
cases. The main point of this position paper is to awaken everyone especially a worker to be
relate in this study and take this study as a guidance that as a worker, even though we are in line
of respecting our employer, still there are rights and regulation that we may used against any
abuse especially when it come to terminating an employee.
 BODY

Related case 1:

G.R. No. 194001

MARIA VILMA G. DOCTOR and JAIME LAO, JR., Petitioners

vs.
NII ENTERPRISES and/or MRS. NILDA C. IGNACIO, Respondents

Before this Court is a Petition for Review on Certiorari filed by petitioners Maria Vilma
G. Doctor (Doctor) and Jaime Lao, Jr. (Lao) assailing the (a) Decision 1 dated April 23, 2019 of
the Court of Appeals in CA-G.R. SP No. 107497, which reversed and set aside the
Decision2 dated February 1, 2017 of the National Labor Relations Commission (NLRC) in
NLRC NCR CA No. 045354-05 and dismissed petitioners' complaint for illegal dismissal against
respondents NII Enterprises and/or Mrs. Nilda C. Ignacio (Ignacio); and (b) Resolution 3 dated
September 28, 2010 of the appellate court in the same case, which denied petitioners' Motion for
Reconsideration. The NLRC had previously affirmed with modification the Labor Arbiter's
Decision4 dated March 5, 2005 in NLRC-NCR Case No. 00- 02-02670-04, finding that
petitioners were illegally dismissed and ordering respondents to pay petitioners back wages and
separation pay.

Support:

In order to stop, prevent and settle this kind of increasing cases all over the country, the
government of the Philippines must have a strong and strict implementation to prevail the article
282 of the Philippine Labor code which states and concerned that the employer may terminate an
employee in just following cause:

A.) Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work.
B.) Gross and habitual neglect by the employee of his duties.
C.) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly
authorized representative.
D.) Commission of crime or offense by the employee against the person of his employer or any
immediate member of his family or his duly authorized representative.
C.) Other causes analogous to the forgoing - (Article 282 of the Philippine labor code).

The impact of unfair dismissal has serious consequences not only for the individuals
whose lives are influenced either directly or indirectly, but also for enterprise productivity.
Unfair dismissal strongly influences employee performance, rates of illnesses, absenteeism,
accidents, and staff turnover – (Neil, Saxton wrongful dismissal)

It is clearly cited that the employer have obviously violated all laws that is written in the
Art.282 of the Philippine labor code and also failed to pay the separation pay which also
enclosed in the Philippine labor code. Although it is only one case above, still the government
must prioritized on the safety of the rights of the worker to make sure that not one of that will be
violated. Also the employer failed to wrote a letter to his employee in reminding on his
termination.
Related Case 2:

Ricky Reyes vs. Renato “Rene” Nocos

A hairdresser has won the labor case he filed against celebrity hairstylist Ricky Reyes.In
2014, Renato "Rene" Nocos had accused Reyes and Reyes' business associate Tonneth
Moreno of discrimination and unlawful termination, saying that he was fired after he disclosed
that he had tested positive for the human immunodeficiency virus (HIV).Last week, the National
Labor Relations Commission (NLRC) ordered Reyes to reinstate Nocos, and pay his back wages
and benefits as well as attorney's fees totaling P615,313.06.Labor arbiter Joanne Hernandez-Lazo
said Reyes and Moreno transferred Nocos to a salon branch that was about to go bankrupt after
they learned he was HIV-positive. Nocos was never given any assignment after the branch
closed."HIV illness is not highly contagious and it is not transmitted through touching, hugging,
sneezing, coughing, eating or drinking common utensils or being around an infected person.
Thus, the means by which they (Reyes, et al) tried to protect their other employees and
customers unduly trampled upon the rights of the complainant (Nocos)," the NLRC decision said
– (Rappler).
Support
One example of illegally dismissed through an inaccurate cause of having a HIV and
discrimination of an employee. In response to this, the government must put a punishment that
would remind nongovernmental employer’s to carefully analyze and follow on what stated at
article 284:
Disease as ground for termination- an employer may terminate the services of an employee who
has been found to be suffering from any disease and whose continued employment is prohibited
by law or is prejudicial to his health as well as the health of his co-employees: Provided, that he
is paid separation pay equivalent to at least one moth salary or to one-half month salary for
every year of service, whichever is greater, a fraction of at least six month being considered as
one whole year – (Article 284 of the Philippine labor code).

An illegal dismissal also occurs when an employee lets an employee go for discriminatory
reasons such as religion, race, age, gender, disability, or nationality. An employer who has been
found guilty of wrongful termination may compensate the wronged employee and/or reinstate
them into the company – (Teacher law, unfair dismissal against wrongful dismissal)

In the case above, it stated there that the employer violated the article 284 which is the
guidelines in dismissing an employee in the valid and accordance reason of illness. This show
that many private owned company are usually discriminate a position and rights of an employer.
A case like this should never be tolerated by the government, because this is against the rights of
a worker and also this is in line with the discrimination. Even though if you work for a private
company, you must obey what the law ought you to do and the government must strictly
implement the Labor code of the Philippines because it is for the sake of everybody especially to
the workers in the Philippine employment.
 Conclusion

There for I conclude that as a worker, we have all rights and privileges that are in
the care of the government’s premises withier you are working on a governmental or
nongovernmental you must enjoy what the labor code of the Philippines ought all the employers
and employees to do. And also I conclude that most victims of illegal dismissal are workers who
worked in nongovernment premises. There should always be a bond and great relationship both
the worker and the employer to avoid this unlawful issue. The government must also strict in
implementing and reminding every private company to know the right of the workers to avoid
mistreatment and non just cause termination to achieve the development progress of the
employment in the Philippines.

Bibliography

 Neil, Saxton (November 2013). Unfair Dismissal against Wrongful Dismissal.

https://www.lawteacher.net/free-law-essays/employment-law/unfair-dismissal-against-
wrongful-dismissal-employment-law-essay.php?vref=1

 Madinda, Alexander. (2014). UNFAIR TERMINATION OF EMPLOYMENT AT

WORKPLACES. International journal of Emerging Trends in Science and Technology.
0IJETST- Volume||01||Issue||05||Pages 764-769||July||ISSN 2348-9480.

 Julia, kagan( January 3, 2018) Termination of Employment

https://www.investopedia.com/about-us#Careers

 Lawphil (Arellano foundation)

https://www.lawphil.net/judjuris/juri2017/nov2017/gr_194001_2017.html

 (Article 282 and Article 284)The Labor Code of the Philippines

No. 40-03 Series of 2003
 https://www.rappler.com/nation/121643-hiv-hairdresser-wins-ricky-reyes-case