Department of Labor and Employment(DOLE)

July 29, 2019 Dear Juan carlo Zapanta, Greetings! Thank you for your request dated Jul 21, 2019 07:07:41 AM under Executive Order No. 2 (s. 2016) on Freedom of Information in the Executive Branch. You asked for clarification on the termination done to you by your employer. Generally speaking, employers can dismiss an employee based on just and authorized causes. Just causes are based on acts attributable to an employee’s own wrongful actions or negligence while authorized causes refer to lawful grounds for termination which do not arise from fault or negligence of the employee. ART. 297. [282] of Labor Code of the Philippines as renumbered, Termination by Employer, enumerated various causes for termination by an employer. (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 227 As amended by Sec. 34 of R.A. No. 6715 (1989). 127 (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. Further, Section 7 of Book 6 of Omnibus Rules of Labor Code of the Philippines as Amended states to wit: Termination of employment by employer—The just causes for terminating the services of an employee shall be those provided in Article 283 of the Code. The separation from work of an employee for a just cause does not entitle him to the termination pay provided in the Code, without prejudice, however to whatever rights, benefits and privileges he may have under the applicable individual or collective agreement with the employer or voluntary employer policy or practice. However, this does dot preclude you from receiving your back pay (salary and allowances), At first glance, your employer may have NOT observed due process as the date of the supposed investigation and the date of termination is the same. If you feel that you were denied of this basic right, you may file for illegal dismissal through conciliation and mediation (SENA) to any DOLE Regional Office having jurisdiction to your workplace. If you are unhappy with this response to your FOI request, you may ask us to carry out an internal review of the response by writing to . Your review request should explain why you are dissatisfied with this response, and should be made within 15 calendar days from the date when you received this letter. We will complete the review and tell you the result within 30 calendar days from the date when we receive your review request. If you are not satisfied with the result of the review, you then have the right to appeal to the Office of the President under Administrative Order No. 22 (s. 2011). Thank you. Respectfully, Mark Valeros FOI Receiving Officer