MODULE 3 : MANAGEMENT PREROGATIVE, POST-EMPLOYMENT,

AND SOCIAL LEGISLATION

LESSON 2 – POST EMPLOYMENT (CONTINUATION)

 TERMINATION BY EMPLOYMENT
DUE PROCESS REQUIREMENTS IN THE TERMINATION OF EMPLOYMENT

Substantive due process requires that the termination of employment be for a just or authorized cause
as provided by law.
Article 282 of the Labor Code of the Philippines (“Labor Code”) provides 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;
Requisites of Serious Misconduct

• a. There must be misconduct

• b. The misconduct is of such grave and aggravated character

• c. It must relate to the performance of the employee’s duties

• d. A showing that the employee becomes unfit to continue working for the employer.

Example
Sexual harassment, bullying, and violence
• Requisites of Willful Disobedience
• 1. There must be disobedience or insubordination;
• 2. The disobedience or insubordination must be willful or intentional characterized by a wrongful
and perverse attitude;

• 3. The order violated must be reasonable, lawful and made known to the employee ; and
• 4. The order must pertain to the duties which he has been engaged to discharge.
Example

An insubordinate employee is scheduled to end their shift at 3 p.m. but decides to leave at 1 p.m.
without notifying their employer or asking for permission.
When the employer tells them they can't leave, this employee would respond negatively or ignore the
order. Again, the employee can avoid insubordination by seeking permission from employers before
leaving work early or offering a reason for their departure that the employer deems valid.
2. Gross and habitual neglect by the employee of his duties
• Requisites

• 1. There must be a neglect of duty

• 2. The neglect must be both gross and habitual in character.

A public official is guilty of grave misconduct when he neglects to act upon a complaint about a violation of
the law he is enforcing. He may be suspended or dismissed from office for his first offense.
3. FRAUD/WILLFUL BREACH OF TRUST

• Requisites of fraud or willful breach of trust:

a. There must be an act, omission or concealment;

b. The act, omission or concealment involves a breach of legal duty, trust, or confidence justly
reposed;

c. It must be committed against the employer or his/her representative; and

d. It must be in connection with employee’s work.

Example
An employee makes out a company check to him/herself or someone else. They might forge a
signature or use their own if they have signing authority.
4. COMMISSION OF A CRIME

• Requisites:

a. There must be an act or omission punishable or prohibited by law; and

• b. The act or omission was committed by the employee against the person of the employer, his
immediate family member, or his duly authorized representative.

Example
Vandalism can take place anywhere, including the workplace. Vandalism involves any form of deliberate
destruction or damage to one’s property.
 5. ANALOGOUS CAUSES
• Requisites

a. There must be an act or omission similar to those specified just causes; and

b. The act or omission must be voluntary and/or willful on the part of the employees

Examples

• Violation of company rules and regulations;

• Theft of property owned by a co-employee, as distinguished from theft of property owned by the
employer.
• Incompetence, inefficiency or ineptitude.
• Failure to attain work quota.
• Failure to comply with weight standards of employer.
• “Attitude problem” is analogous to loss of trust and confidence