Query: What are the rights of a security guard who has been suddenly terminated after three years of service without being informed of any mistakes?

In the Philippines, the rights of security guards and other employees against sudden termination are protected under the Labor Code. These rights ensure that terminations are conducted legally and fairly. Employers must provide a valid or just cause for termination and adhere to due process.

Legal Grounds for Termination:

Just Causes: These include serious misconduct, willful disobedience to lawful orders, gross and habitual neglect of duties, fraud or willful breach of trust, and commission of a crime against the employer or any immediate family member of the employer.
Authorized Causes: These involve installation of labor-saving devices, redundancy, retrenchment to prevent losses, closure or cessation of operation, and disease not curable within six months with a certification from a competent public health authority.

Due Process Requirements:

Written Notice: The employer must furnish the employee with a written notice stating the specific acts or omissions constituting the grounds for his or her dismissal.
Ample Opportunity to be Heard: The employee should be given an opportunity to respond to the allegation, clarify, and defend himself or herself. This can include a written explanation or a hearing.
Notice of Decision: A final decision notice should be given to the employee indicating that upon due consideration of all circumstances, grounds have been established to justify termination.

Remedies for Unjust Dismissal:

Reinstatement without Loss of Seniority Rights: The employee is restored to his or her previous position without penalty to his or her tenure in the company.
Full Backwages: Compensation from the time of unjust termination up to reinstatement.
Separation Pay: In cases where reinstatement is no longer possible, the employee may be entitled to separation pay.

Steps to Take if Wrongfully Terminated:

File a Complaint: The security guard can file a complaint with the Regional Arbitration Branch of the National Labor Relations Commission (NLRC) in the region where he or she was employed.
Seek Legal Assistance: Consulting with a labor attorney can provide guidance through the legal process and ensure that rights are properly represented.

Conclusion:

Security guards, like any other employees in the Philippines, are protected against unjust dismissal from their employment. Those who believe they have been wrongfully terminated should promptly seek legal redress to enforce their rights under the Philippine Labor Code. The process includes proving just cause, following due process, and, if termination is found unjust, the possible remedies include reinstatement, back wages, and separation pay.