Dear Attorney,
I would like to ask for your assistance regarding an employment matter. I believe I was terminated from my job without valid cause or due process. Could you please advise me on how to proceed with filing a complaint and what steps I should take to protect my rights as an employee?
Sincerely,
Concerned Employee
Insights
Illegal Dismissal in the Philippines: Overview and Legal Remedies
Illegal dismissal, also known as wrongful termination, happens when an employee is terminated without just or authorized cause, or when due process is not observed. The Philippines labor laws, particularly under the Labor Code, protect employees from arbitrary dismissal and provide specific grounds for termination.
Grounds for Termination
Employers may terminate an employee only for just or authorized causes. "Just causes" typically involve serious misconduct, willful disobedience, gross neglect of duties, fraud, and other serious offenses by the employee. "Authorized causes," on the other hand, are generally related to business conditions, such as redundancy, retrenchment to prevent losses, or closure of the business.
Termination without any of these valid reasons or without following the proper procedure would constitute illegal dismissal.
Due Process
Even if the dismissal is for a just or authorized cause, due process must still be observed. The employee is entitled to a written notice of the charges against them, an opportunity to explain their side, and a decision from the employer based on substantial evidence. Failure to comply with these procedural requirements could render the dismissal illegal, even if a valid cause exists.
Employee Remedies
An employee who believes they were illegally dismissed has the right to file a complaint with the National Labor Relations Commission (NLRC) or the Department of Labor and Employment (DOLE). If the dismissal is found to be illegal, the employer may be ordered to reinstate the employee, pay back wages, or provide separation pay if reinstatement is no longer feasible.
Additionally, moral and exemplary damages may be awarded in cases where the employer acted in bad faith.
Prescriptive Period
Employees must file a complaint for illegal dismissal within four years from the date of termination. Delays in filing could result in the dismissal of the case due to prescription.
Conclusion
If you suspect illegal dismissal, consulting with a labor lawyer is crucial to assess the facts and determine the appropriate course of action. Legal remedies can help protect employees from unjust termination and ensure their rights are upheld.