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Career Advice

What are the Grounds for Termination


Date Posted: Mar 13, 2015


 

 

Getting kicked out of office is a major suffer for any employee especially if the grounds for termination is unclear. Employers have all the rights to terminate an employee if he/she sees misconduct or failure to meet the responsibility as an employee. However, an employer has no rights what so ever to terminate an employee without any notice or via personal grounds.

 

 

An Employee has rights to complain or sue his/her employer if he/she sees that the ground for termination is invalid and against the law.

 

 

The complete rights of an employee are written under the Labor Codes of the Philippines Presidential Decree Number 422, including Articles on Termination. Termination can be granted via:

 

 

  • ART. 282. Termination by Employer. - An employer may terminate an employment for any of the following causes:

     

(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 a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and

 

(e) Other causes analogous to the foregoing.

 

 

  • ART. 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 to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half (1/2) month salary for every year of service, whichever is greater, a fraction of at least six (6) months being considered as one (1) whole year.

     

 

  • ART. 285. Termination by Employee.- (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. (b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes:

     

1. Serious insult by the employer or his representative on the honor and person of the employee;

 

2. Inhuman and unbearable treatment accorded the employee by the employer or his representative;

 

3. Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and

 

4. Other causes analogous to any of the foregoing.

 

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