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Labor - XII - Terminiation of Employment/Floating Status, Nature of Loss -…

- - - - Illegal Dismissal - if the termination of the employees after the 6 months constitutes illegal dismissal, employees entitled to reinstatement.
        
        Employees are deemed terminated after the 6 month period. Such termination must not constitute illegal dismissal.
  - - - Desire to resume - not later than one month from being free from military or civic duty.
        
        Wages and Benefits - Subject to Special laws, if not, CBA, if not, company policy, if not company practice.
    - - Resume - As soon as suspension is lifted, employee must give (1) month from notice desire to resume operation.
    - - (b) The employer must prove:
        (1) the existence of a clear and compelling economic reason for the temporary shutdown and
        (2) that there were no available posts to which the affected employee could be assigned
- - - - Nature/Rationale
        
        Coverage - Extends to even non-regular employees. Qualification that they have a limited security of tenure during the period of contract of employment. (Labajo v. Alejandro)
        
        Management Prerogative: Limitations
        
        Guidelines in Disposition of Labor Disputes
        
        Guidelines in Imposition of Penalty; Totality of Infractions - Must consider totality of the infractions for the final penalty imposed. (Sy v. Neat)
        
        Nature - Mere guideline. Option is on company.
        
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        Right to Contest - Worker has right to contest validity of dismissal. However, must show that he was terminated. Burden of proof on employer to show for just cause.
        
        Suspension of Termination - SOLE may suspend termination pending resolution of dispute.
        
        Managerial Employees and Confidential - Employer has wider latitude for termination. But, still has security of tenure. Loss of trust and confidence has a lower degree of proof.
        
        Mere Existence - Mere existence of belief of loss and confidence sufficient here. No actual participation needed.
        
        Limited - Infractions by employees. Penalty must be commensurate with the act, conduct and commission. (Negros Slashers v. Teng)
        
        Good Faith - Dismissal only last resort. Management prerogative must be exercised in good faith, not for the purpose of circumventing LC rights. If good faith, then upheld. (Dongon v. Rapid Movers)
        
        Good Faith on Employee - limits exercise of management prerogative.
        
        Dismissal - Employee entitled to two reliefs. (1) Reinstatement without loss of benefits or position ; (2) Full backwages, inclusive of allowances and benefits and their monetary equivalent from time compensation withheld to actual reinstatement.
        
        Separation Pay - Only when reinstatement impossible.
        
        Valid Dismissal - No separation pay. Exception analogous circumstances due to social justice considerations by way of financial assistance. (Toyota v. NLRC)
      - 3. Termination of Employment by Employee
        
        Voluntary Resignation - Must be clear and categorical that employee is resigning.
        
        Just Cause - Can be terminated without serving notice if for the following reasons (LC 300)
        
        Without just Cause - Requisites
        
        Written Notice - An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance.
        
        Lack of Notice - The employer upon whom no such notice was served may hold the employee liable for damages.
        
        Purpose - to ensure that there is no disruption of work.
        
        Serious insult by the employer or his representative on the honor and person of the employee;
        
        Inhuman and unbearable treatment accorded the employee by the employer or his representative;
        
        Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and
        
        Other causes analogous to any of the foregoing.
        
        Voluntary Resignation - No Separation Pay; Exception
        
        GR (Darry Del Rio v. DPO): - An employee who voluntarily resigns from employment is not entitled to separation pay.
        
        XCPN -
        
        stipulated in the employment contract or CBA, or
        
        it is sanctioned by the established employer practice or policy
        
        Forced Resignation - Constructive dismissal amounts to a forced resignation.
        
        General Rule - Intent to relinquish must concur with overt acts of relinquishment. This must be proven by employer. (Grande v. PH Nautical College)
        
        How Proven - Clear, positive convincing evidence.
        
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        Proof - Employer still has burden of proof re: voluntary resignation.
        
        Effectivity - if resignation has effectivity date, must be approved. However, if effectivity date lapses before approval then still resigned.
        
        4. Termination of Employment by Employer
        
        A. Basis of Rights and Requirements (LC 292)
        
        Employer's Self Protection
        
        Requisites of Lawful Dismissal -
        
        Procedural Due Process - Refers to opportunity to be heard. Satisfied by the twin notice requirement.
        
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        b. Substantive Requirements - Just Causes (LC 300)
        
        Serious Misconduct/Willful Disobedience (DO 147-15)
        
        Gross and Habitual neglect of Duties (DO 147-15)
        
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        Serious Misconduct Coverage - Must relate to the performance of duties; such that it makes the laborer is unfit to continue working for the employer.
        
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        c. Substantive Requirements - Authorized Causes (LC 298)
        
        Procedural Due Process - Presence of the ff: requirements are mandatory in order to comply with procedural due process.
        
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        1. Basis Employer's Right (CONST. Art. XIII, Sec. 3)
        
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        Twin Notice - Here, twin notice differs from twin notice in just causes. If
        
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        d. Procedural Requirements - Authorized Causes
        
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        Procedural
        
        Twin Notice - Notice to explain and notice of termination.
        
        General Rule - Regardless of classification of employee, they are entitled to security of tenure. Thus, dismissal must be for cause.