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Two aspects of due process in ER-EE.

Substantive due process:


Just cause and authorized cause
Procedural due process:
Twin notice rule (first notice - serve the notice of termination, its grounds, and
stating a directive that they are given an opportunity to explain;

Failure to comply with either amounts to an illegal dismissal.

(review of midterms;
non-member of the union, cancel the registration on the ground of non-member
petition for certification election, petition to cancel the registration of the
union a, may the petition for cancellation suspend the CE? No. A petition for
cancellation cannot be filed in the same case of PCE. The validity cannot be
attacked colaterally. And it cannnot delay or affect the CE.
A company with a close shop agreement, this was approved in the CBA. The union
tried to convince an employee who has been there in the company for more than ten
years to become a member. The EE refused. The Union asked the ER to dismiss the EE
who refused to enter. May the EE be forced to join the union?

If she refuses to become a member, can she dismissed validly? No. she already
attained the right of security of tenure.

An employee refuses to join because she is a member of INC which prohibits to join
an union? No.

No valid dismissal - award of backwages to the actual reinstatement or backwages,


due to strained relationship

Redundancy - double the pay


Requirements should be complied with: (1) notice 30 days before the effectivity of
the redundancy program; (2) notice to the DOLE 30 days before.

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