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Article 297 Labor Code Philippines

Article 297 of the Labor Code of the Philippines outlines the just causes for termination by an employer, including serious misconduct, gross neglect, fraud, and criminal acts. It also specifies due process requirements, such as providing a notice to explain, an opportunity for the employee to respond, and a final notice of termination if necessary. These procedures ensure that the termination is conducted fairly and legally.

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2K views1 page

Article 297 Labor Code Philippines

Article 297 of the Labor Code of the Philippines outlines the just causes for termination by an employer, including serious misconduct, gross neglect, fraud, and criminal acts. It also specifies due process requirements, such as providing a notice to explain, an opportunity for the employee to respond, and a final notice of termination if necessary. These procedures ensure that the termination is conducted fairly and legally.

Uploaded by

miles03.kamsa
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as PDF, TXT or read online on Scribd

Article 297 [formerly Article 282] of the Labor Code of the Philippines

**Termination by Employer**

An employer may terminate an employment for any of the following just causes:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;

2. Gross and habitual neglect by the employee of his duties;

3. Fraud or willful breach of the trust reposed in him by his employer or duly authorized
representative;

4. Commission of a crime or offense by the employee against the person of his employer,
any member of his family, or his duly authorized representative; and

5. Other causes analogous to the foregoing.

Due Process Requirements:

To legally terminate an employee for just cause under Article 297, the following steps must
be observed:

- Notice to Explain: A written notice stating the specific acts or omissions for which
dismissal is sought.
- Opportunity to be Heard: The employee must be given a chance to respond to the charges
and present evidence.
- Notice of Termination: If the employer finds the explanation unsatisfactory, a final notice
of termination must be issued in writing.

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