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:
(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.
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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