Topics at a Glance Leaving a Job
This section serves as a guide for the separation, resignation, retirement or termination of a worker fromhis/her workplace. It contains basic facts on the grounds for just, authorized and illegal termination, and the benefits or legal remedies or solutions that the workers could avail.
Both local and overseas workers are guided under this section on termination of employment.
A.Local.
*Termination of Employment
*Filing of Complaints
*Separation Package
B.Overseas
*Programs for Returning OFWs
*Reintegration Services
*Social Benefits
A. Local
1.Can I be terminated from my job?
Yes. An employee is secured in his/her job but the employment can be terminated if there are causes and observance of notice and hearing requirement. Causes for termination are classified as just or authorized causes.
Just causes are the following:
a.serious misconduct;
b.willful disobedience;
c.gross and habitual neglect of duty;
d.fraud or breach of trust;
e.commission of a crime or offense against the employer, his family or representative; andf.other similar causes.
The authorized causes are:
a.installation of labor-saving devices
b.redundancy;
c.retrenchment to prevent losses;
d.closure and cessation of business;
e.disease/illness; andf.other similar causes.
Notice and hearing required for just cause termination are as follows:
a.First written notice. –The first written notice to be served on the employees must contain the grounds for termination and a directive that the employees are given the opportunity to submit their written explanation at least five (5) calendar days from receipt of the notice.
b.Hearing required. –After servingthe first notice, the employers must schedule and conduct a conference wherein the employees will be given the opportunity to explain and clarify their defenses to the charge against them, to present evidence in support of their defenses. A trial type hearing is not required unless requested by the employees.
c.Second written notice. –After determining the termination of employment is justified, the employers must serve the employees a written notice of termination indicating all circumstances involving the charge against the employees.
For authorized cause termination, there must be at least one (1) month notice before the intended date of termination to the DOLE Regional Office and to the affected employees.
2. If I were illegally dismissed, where can I file my complaint?
File a request for assistance under the Single Entry Approach (SEnA) at the nearest DOLE Regional/Field Office or Regional Branch of the National Conciliation and Mediation Board (NCMB) or Regional Arbitration Branch of the National LaborRelations Commission (NLRC) for assistance, conciliation-mediation, or arbitration.
SEnA refers to an administrative approach to provide a speedy, impartial inexpensive and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full blown disputes. Conciliation-mediation process shall be utilized as immediate intervention to effect amicable settlement among the differing parties.
3. Do I need a lawyer if I decide to file a labor case before the NLRC?
No. However, only the following labor cases can be filed before the Regional Arbitration Branches of the NLRC:
a.Unfair labor practice (ULP) cases;
b.Termination disputes (or illegal dismissal cases);
c.If accompanied with a claim for reinstatement, those cases that workers may file involving wages, rates of pay, hours of work and other terms and conditions of employment;
d.Claims for actual, moral, exemplary and other forms of damages arising from employer-employee relations;
e.Cases arising from any violation of Article 264 of the Labor Code, as amended, including questions involving the legality of strikes and lockouts;
f.Except claims for employees compensation not included in the next succeeding paragraph, social security, medicare and maternity benefits, all otherclaims arising from employer-employee relations, including those of persons in domestic or household service, involving an amount exceeding Five Thousand Pesos (P5,000.00), whether or not accompanied with a claim for reinstatement;
g.Wage distortion disputes in unorganized establishments not voluntarily settled by the parties pursuant to Republic Act No. 6627;
h.Enforcement of compromise agreements when there is non-compliance by any of the parties pursuant to Article 227 of the Labor Code, as amended;
i.Money claims arising out of employer-employee relationship or by virtue of any law or contract, involving Filipino workers for overseas deployment, including claims for actual, moral, exemplary and other forms of damages as provided by Section 10 of R.A. No. 8042, as amended by R.A. No. 10022;
j.Contested cases under the exception clause of Article 128(b) of the Labor Code, as amended by R.A. 7730; andk.Other cases as may be provided by law
