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LORENZO
Former Labor Arbiter, NCR-NLRC; Professor
of Law and Pre-Bar Reviewer; President,
The Center for Law Advocacy and
Specialized Studies (CLASS); former
Assistant Secretary, DENR and POEA
Director for Licensing and Past President,
A- UPDATES ON LABOR RULES
AND JURISPRUDENCE
Regular employment is
one where the
employee has been
engaged to perform
activities which are
necessary or desirable
CASUAL EMPLOYMENT
Casual employment is one
where the work or service to
be performed by the
employee is merely
incidental to the business of
the employer and such work
or
Service is for a definite
period made known to the
PROBATIONARY EMPLOYMENT
Probationary
employment is one
where the
employee is on
trial by employer
during which the
employer
As a general rule, the
probationary period of
employment should not
exceed six (6) months
from the date of the
employee started
working. Applying
Article 13 of the Civil
Code, the probationary
The standards should
be made known to the
employee at the start
of engagement. If
standards are not
made known to the
employee at start of
employment, he is
27, 2005. If there is no
stipulation on probationary
period, the employment is
deemed regular. (ATCI
Overseas Corporation vs.
CA, G.R. No. 143949,
August 9, 2001).
JUST CAUSES OF
TERMINATION
Serious misconduct or
willful disobedience by the
employee of the lawful
orders of his employer or
Gross and habitual
neglect of the
employee of his duty;
Transfer of a workplace to
a very far location beyond
the control of an employer
such as but not limited to
expiration of a lease
contract. (Chiniver Deco
Sale of company;
Merger;
Bankruptcy;
Insolvency
Closure due to serious
business losses or
financial reverses, the
employer is not obliged to
pay separation pay to his
employees. (North Davao
Mining Corporation vs.
NLRC, 254 SCRA 721;
Galaxie Steel Workers
Union v. NLRC, G.R. No.
Involuntary closure due to
CARP Program of DAR
where the employees are
the beneficiaries, the
employer is not obliged to
pay separation pay to his
employees. (NFL vs. NLRC/
Patalon Coconut Estate,
327 SCRA 158).
Disease (Article 284, Labor
Code)
A.III LABOR STANDARDS
BENEFITS
DEFINITION
Labor standards are
defined as the
minimum
requirements
prescribed by law
relating to wages,
LEAVES WITH PAY
SERVICE INCENTIVE LEAVE
UNMARRIED MOTHER OR
FATHER WITH CUSTODY
ANY PERSON WHO SOLELY
PROVIDES PASTORAL
CARE AND SUPPORT TO A
CHILD; AND
V.2 – EXEMPTIONS:
Government employees
Domestic helpers
Managerial employees
Field personnel
Retail and service
establishments
employing not more
than five (5) workers
VI. HOLIDAYS WITH PAY
VI.1 – Every worker shall be
paid his regular wage
during regular holiday.
Establish performance
standards and work rules;
Communicate the rules to
employees;
Evaluate employee
performance and identify
violations of the rules;
Conduct investigation;
Inform the union if
company is unionized;
B.2 – CIRCUMSTANCES AFFECTING
LIABILITY
Justifying;
Qualifying;
Exempting;
Mitigating;
Aggravating.
Note: Good performance, long
tenure, first offense are
mitigating factors while
recidivism is an aggravating
B.3 – DISCIPLINARY ACTIONS
Oral or written warning;
Reprimand
Fines (economic
sanctions);
Demotion;
Suspension;
Dismissal
STEPS TO TAKE BEFORE
FIRING AN EMPLOYEE
C.1 – The procedure for
termination of
employment based on
just causes as defined
in Article 282 of the
Code:
1. A written notice
served to the
employee specifying
the ground or
grounds for
termination, and
giving to said
employee reasonable
2. A hearing or
conference during
which the employee
concerned, with
assistance of counsel
if the employee so
desires, is given the
opportunity to
3. A written notice of
termination served on
the employee indicating
that upon due
consideration of all the
circumstances, grounds
have been established to
justify his termination.
In case of termination,
For termination of
employment based on
authorized causes as
defined in Article 283 of the
Code, the requirements of
due process shall be
deemed complied with
upon service of a written
notice to the employee and
the appropriate Regional
Office of the Department at
If the termination is
brought by the
completion of the
contract or phase
thereof, no prior notice
is required. If the
termination is brought
about by the failure of
an employee to meet the
standards of the
Any decision taken
by the employer shall
be without prejudice
to the right of the
worker to contest the
validity or legality of
his dismissal by filing
a complaint with the
During the hearing of
the termination cases
based on just causes,
the employer may place
the worker concerned
under preventive
suspension if his
continued employment
poses a serious and
The law requires that the employer must
furnish the worker sought to be
dismissed with two written notices
before termination of employment can
be legally affected:
1. ATTITUDE PROBLEM – A
VALID GROUND FOR
An employee who
cannot get along with
his co-employees is
detrimental to the
company for he can
upset and strain the
working environment.
Without the necessary
teamwork and synergy,
When personal differences
between employees and
management affect the
work environment, the
peace of the company is
affected. Thus, an employee
attitude problem is a valid
ground for his termination.
It is a situation analogous to
loss of trust and confidence
2. SHOWING DISRESPECT
AND MAKING OFFENSIVE
REMARKS AGAINST
SUPERIOR ARE GROUNDS
FOR TERMINATION.
The showing of
disrespect and
making offensive
remarks against his
superior is a valid
ground for
termination which is
tantamount to serious
In falsely accusing a
superior for robbery,
the offense
committed was libel,
not slander (Torreda
v. Toshiba
Information
Equipment, Inc., G.R.
The utterance of
obscene, insulting or
offensive words
against a superior
constitutes gross
misconduct, which is
one of the grounds to
terminate the
3. POSTING NOTICE OF
CLOSURE ON BULLETIN
BOARD IS NOT
COMPLIANCE OF DUE
PROCESS.
- The mere posting on the
company bulletin board does
not meet the requirement
under Article 283 of serving
a written notice on the
workers. In order to meet
the purpose of informing the
employees of the specific
date of termination or
closure of business
operations at least one
4. Refusal to render
overtime work to meet
the production
deadline is considered
insubordination (R.B.
Michael Press v. Galit,
G.R. No. 153510,
5. The employer may be
liable for damages if he
fails to report to the SSS
within five (5) days the
entry in the logbook,
the sickness, injury or
death he deems to be
work-connected under
Articles 205 and 206 of