Dear Attorney,

I recently lost my job under circumstances that I feel were unjust. I was terminated without due process, and I believe my employer did not follow the proper legal procedures before dismissing me. I am concerned about whether my dismissal was lawful, and I want to understand my rights regarding this matter. Could you help me determine if this qualifies as illegal dismissal and guide me on the steps I should take to address this issue?

Sincerely,
Concerned Employee

Insights

In the Philippines, illegal dismissal refers to the termination of employment without just or authorized cause and without adhering to due process as required by law. Under the Labor Code of the Philippines, there are strict provisions designed to protect employees from arbitrary dismissal, ensuring that both just cause and procedural due process are followed before any termination can occur.

Just Causes for Dismissal
The employer must prove that the dismissal was based on a valid or just cause. These grounds are generally listed under Article 297 of the Labor Code, including:

Serious misconduct or willful disobedience.
Gross and habitual neglect of duties.
Fraud or willful breach of trust.
Commission of a crime against the employer or his/her representative.

If none of these grounds exist, the dismissal could be considered illegal.

Authorized Causes for Dismissal
Aside from just causes, there are authorized causes under Article 298 of the Labor Code, which include:

Redundancy.
Retrenchment to prevent losses.
The closing or cessation of business.

Even when these causes are present, the employer must follow due process, including notification and separation pay, where applicable.

Due Process Requirement
Philippine law requires procedural due process before terminating an employee. This involves:

Notice of Explanation – The employee must be notified in writing of the specific charges or reasons for termination.
Opportunity to be Heard – The employee must be given the opportunity to explain and defend themselves, often through a hearing or a written explanation.
Final Notice of Termination – After considering the employee’s defense, the employer must issue a final decision through a written notice if dismissal is warranted.

Failure to comply with these procedural requirements, even if a just or authorized cause exists, may render the dismissal illegal.

Legal Remedies for Illegal Dismissal
An employee who has been illegally dismissed has several options under the law:

Reinstatement – The employee may be reinstated to their previous position without loss of seniority rights.
Full Backwages – Payment of backwages from the time of dismissal until reinstatement.
Separation Pay – If reinstatement is not feasible, separation pay equivalent to at least one month for every year of service may be awarded.

Employees may file a complaint for illegal dismissal with the National Labor Relations Commission (NLRC) within four years from the date of dismissal.

It is crucial to consult a labor lawyer to properly evaluate the case and ensure that the necessary legal steps are taken to protect the employee’s rights.