Guidelines

What article supports the termination by employer?

What article supports the termination by employer?

Article 282, 283, and 284 of the Labor Code provides an exhaustive list of grounds for termination of employment. The causes that may lead to dismissal will be either personal causes — linked to the employee — or business-related.

What are the authorized causes for termination of employment?

The Labor Code provides for the following authorized causes:

  • Installation of labor-saving devices;
  • Redundancy;
  • Retrenchment;
  • Closing or cessation of business operations; and,
  • Disease.

What is Article 281 of the Labor Code of the Philippines?

281. Probationary employment. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement.

What is Article 279 of the Philippine Labor Code?

ARTICLE 279. Security of tenure. – In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title.

When is employment not deemed terminated in the Philippines?

ARTICLE 286. When employment not deemed terminated. – The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment.

Who is exempt from Labor Code of the Philippines?

Retail, service and agricultural establishments or operations employing not more than ten (10) employees or workers are exempted from the coverage of this provision. Violation of this provision is hereby declared unlawful and subject to the penal provisions under Article 288 of this Code.

What is the termination of employment IRR of the Labor Code?

Termination of employment provisions under Article 297 [formerly 282] of the Labor Code, as amended provide the grounds for valid dismissal. The DOLE issued the new IRR for this the highlights of which are discussed by Atty. Villanueva in The Labor Code 2018 Edition (pp. 281-285) as follows: