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Article 297 Labor Code Philippines Legal Format

Article 297 of the Labor Code of the Philippines outlines just causes for termination by an employer, including serious misconduct, gross neglect, fraud, and criminal offenses. It mandates procedural due process, requiring a notice to explain, an opportunity for the employee to be heard, and a final notice of termination. Failure to follow these procedures can render a dismissal illegal despite valid grounds.

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6K views2 pages

Article 297 Labor Code Philippines Legal Format

Article 297 of the Labor Code of the Philippines outlines just causes for termination by an employer, including serious misconduct, gross neglect, fraud, and criminal offenses. It mandates procedural due process, requiring a notice to explain, an opportunity for the employee to be heard, and a final notice of termination. Failure to follow these procedures can render a dismissal illegal despite valid grounds.

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miles03.kamsa
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We take content rights seriously. If you suspect this is your content, claim it here.
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Article 297 [formerly Article 282] of the Labor Code of the Philippines

**Legal Basis for Termination by Employer**

Pursuant to **Presidential Decree No. 442**, otherwise known as the **Labor Code of the
Philippines**, as amended:

**Article 297 [formerly Article 282] – 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.

These just causes must be clearly established with factual and legal basis before an
employee can be lawfully dismissed.

Procedural Due Process Requirements:

As established by jurisprudence (e.g., *Lopez vs. Alturas Group of Companies*, G.R. No.
241051, March 15, 2021), procedural due process must be observed in the termination
process. This includes:

1. **Notice to Explain** – A written notice informing the employee of the specific acts or
omissions for which dismissal is sought. This must give the employee a reasonable period
(at least five days) to respond.

2. **Opportunity to be Heard** – The employee must be given the opportunity to present


their side, either through a written explanation or in a formal administrative hearing.
3. **Notice of Termination** – After considering the employee’s explanation, a final written
notice of termination must be issued if the explanation is found unsatisfactory.

Failure to observe these procedural steps may render the dismissal illegal, even if the
grounds are valid.

Sources:
- Labor Code of the Philippines, Presidential Decree No. 442, as amended.
- Department of Labor and Employment (DOLE) Guidelines.
- Relevant Supreme Court Decisions on Just Cause Termination.

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