Wrongful Termination Philippines

Dear Attorney,

I was recently terminated from my job for allegedly tampering with my work hours. The company claims I incorrectly filed my timesheets, but I was not properly oriented on how the system works. Aside from that, the company is withholding my savings and incentives. What are my legal options to recover these amounts and address the termination?

Sincerely,
A Terminated Employee

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Insights

In the Philippines, wrongful termination occurs when an employer dismisses an employee without just or authorized cause, as outlined under the Labor Code. Employees who face this situation can seek recourse through several legal remedies.

1. Illegal Dismissal
   Under the Philippine Labor Code, specifically Articles 297 to 298, employers are required to follow due process when terminating an employee. Dismissal should be based on either just cause (serious misconduct, habitual neglect of duties, fraud, etc.) or authorized cause (redundancy, retrenchment, etc.). If the dismissal lacks these grounds or fails to comply with procedural requirements, the employee can file a complaint for illegal dismissal.

2. Due Process Requirement
   Before terminating an employee, the employer must provide two notices: (a) a notice to explain the grounds for dismissal and (b) a notice of termination after a full investigation. If the employee was not properly oriented or was unaware of the rules related to timekeeping, this could undermine the employer's claim of tampering, especially if the system’s instructions were not clearly provided.

3. Claiming Benefits
   Under the law, employees are entitled to receive any accrued benefits, such as savings, incentives, and unpaid wages, upon termination. If the employer withholds these amounts, the employee may file a complaint with the Department of Labor and Employment (DOLE) to recover the money owed. This also applies to earned incentives, provided these were part of the agreed-upon compensation package.

4. Filing a Complaint
   The affected employee can file a complaint for illegal dismissal and non-payment of wages/benefits before the National Labor Relations Commission (NLRC) or DOLE. These government bodies handle such cases and can mediate or arbitrate disputes between employers and employees.

5. Legal Remedies
   If successful, the employee may be entitled to reinstatement without loss of seniority rights or separation pay if reinstatement is no longer feasible. Additionally, the employee could be awarded back pay for the period of unemployment and damages for any undue suffering caused by the wrongful termination.

In cases like this, it's advisable to consult a labor lawyer to properly navigate the complaint process and ensure that your rights as an employee are protected under the law.