Query: What can be done if a security guard with three years of service is suddenly terminated without knowing the reason?

In the Philippines, the labor laws protect employees against unjust dismissal. According to the Labor Code, an employee who has been dismissed without just cause is entitled to reinstatement without loss of seniority rights and other privileges, or to separation pay if reinstatement is no longer viable, and to back wages.

Key Considerations in Wrongful Termination:

Just Cause: The employer must establish just cause for terminating employment, which includes (but is not limited to) serious misconduct, willful disobedience, gross and habitual neglect of duties, fraud, or willful breach of trust. The cause should be clearly stated and sufficiently proven.
Due Process: The employee must be given the opportunity to be heard and to defend themselves. This includes a written notice detailing the grounds for termination, adequate time to prepare a response, a hearing or conference, and a written notice of termination indicating that upon due consideration of all the circumstances, grounds have been established to justify termination.
Remedies for Wrongful Termination:
- Reinstatement: The employee can be reinstated to their former position without loss of seniority rights.
- Separation Pay: In cases where reinstatement is not possible, the employee may be awarded separation pay.
- Back Wages: Compensation that the employee would have earned had they not been unjustly dismissed.

Procedure for Contesting Unjust Dismissal:

File a Complaint: The employee can file a complaint with the Department of Labor and Employment (DOLE) or the nearest regional arbitration branch. This should be done within three years from the date of dismissal, the period prescribed by law for filing such complaints.
Mandatory Conciliation and Mediation: Before the case proceeds to formal litigation, it undergoes a mandatory conciliation and mediation process to attempt a settlement.
Labor Arbitration: If mediation fails, the case is referred to a labor arbiter who will conduct formal hearings and eventually decide on the matter.

Legal Advice:

Consult with a Labor Lawyer: An employee dealing with sudden dismissal should consult with a labor lawyer to better understand their rights and the complexities of labor law in the Philippines.
Document Everything: Keep all employment records, communications from the employer, and any other documents related to employment and dismissal. These documents are crucial in legal proceedings.

Conclusion:

Sudden termination without clear reasons is a distressing situation for any employee. Philippine labor laws provide strong protection for workers, emphasizing fair treatment and the necessity of due process. Employees wrongfully dismissed have the right to seek redress through DOLE, ensuring that their cases are handled justly and lawfully. Employers must adhere strictly to the legal standards of just cause and due process to avoid legal repercussions.