Termination for Just Causes

This post is written in response to a request made by a friend of mine in Japan.

The general law that covers all labor matters is the Labor Code. In case the other labor-related laws have nothing to say regarding to specific problems the Labor Code and the Civil Code are the next in line to search for solutions.

Bear in mind that even if RA 8042 (the migrant workers' law) grants assistance and protection to Filipinos working abroad, these workers are still under obligation to be faithful to their employers. RA 8042 is meant to provide protection to OCWs only from abusive foreign employers and illegal recruiters.

Rights must never be abused. And Art. 282 of the Labor Code provides several instances where an employer may fire bad employees:

1.) Serious Misconduct

2.) Willful disobedience of a lawful, work-related order

3.) Gross and habitual neglect of duty

4.) Fraud/willful betrayal of trust and confidence

5.) Commission of a crime against the employer, his family or duly appointed representatives

6.) Analogous cases

Regarding analogous cases an employee may be fired if he commits acts that are similar, related, or just as bad as any of the previous five cases. Here are some examples of analogous cases:

1.) Incompetence/inefficiecy

2.) Threats against the employer, his family or subordinates

3.) Injury/illness caused by the employee's own negligence (So people who commit self-inflicted injuries, beware! Civil Code Art. 2179.)

4.) If the employee was injured or got sick and refused the employer's offer for medical assistance (which can even be considered gross and habitual neglect of duty, since employees are expected to take care of their health while at work.)

5.) If the injury/illness is work-related and the employee could have prevented it but didn't (known as contributory negligence, also found in Art. 2179 of the Civil Code.)

6.) Sabotage

7.) And many more!

Although our labor laws are heavily one-sided, employers can still defend themselves if they can prove that their employees' behavior is illegal.