Dear Attorney,
I work for a delivery company and have recently been told by my employer not to report to work. My work schedule involves long hours with no proper rest, but I wasn’t given any valid reason for my exclusion from duty. I feel that this might be unfair, but I’m not sure if it qualifies as unjust dismissal. Could you provide insights on whether my situation constitutes wrongful termination and what legal remedies are available to me in the Philippines?
Sincerely,
A Concerned Employee
Insights
Unjust Dismissal in the Philippines
In the Philippines, unjust dismissal refers to the illegal termination of an employee without just or authorized cause, as defined by the Labor Code. Employers are required to provide a valid reason for terminating an employee, and the reason must fall within the grounds allowed by law. These can be categorized into two main types: just causes and authorized causes.
Just Causes for Termination
Just causes are grounds related to the employee's misconduct or performance. These include:
- Serious misconduct
- Willful disobedience of lawful orders
- Gross and habitual neglect of duties
- Fraud or willful breach of trust
- Commission of a crime or offense
If none of these causes are present, the termination may be considered unjust.
Authorized Causes for Termination
Authorized causes refer to reasons unrelated to the employee's fault, such as:
- Redundancy
- Retrenchment
- Installation of labor-saving devices
- Closure of business
Even when authorized causes exist, employees are still entitled to separation pay and notice.
Procedural Due Process
Aside from proving just or authorized cause, employers must observe procedural due process. This includes serving two written notices to the employee: the first specifying the grounds for termination, and the second, informing the employee of the decision after the employer has given them a chance to respond.
Legal Remedies for Unjust Dismissal
If an employee is dismissed without valid cause or due process, they may file a case for illegal dismissal before the Department of Labor and Employment (DOLE) or the National Labor Relations Commission (NLRC). Remedies may include reinstatement to their previous position and payment of back wages, or if reinstatement is not feasible, separation pay.
Labor Standards for Working Hours
The Philippine Labor Code also provides guidelines on working hours, ensuring employees are not subjected to excessive work without proper compensation. Employees are generally entitled to eight hours of work per day, with overtime pay for work beyond that, as well as rest periods. Employers who fail to provide these may also face penalties under labor law.
Understanding your rights as an employee is crucial in protecting yourself against any form of workplace abuse, including unjust dismissal or unfair labor practices. If you feel that you were terminated without valid reason or due process, it is advisable to consult a lawyer to evaluate your situation and assist you in filing a complaint.