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Browse our 3 legal questions about Wrongful Termination in Philippines and the lawyer answers, or ask your own questions for free.
Under the Labor Code of the Philippines, an employee can only be terminated for just and authorized causes. Just causes include serious misconduct, gross and habitual neglect of duties, fraud, and breach of trust. Authorized causes include the installation of labor-saving devices, redundancy, retrenchment, closure of business and disease. If an employer terminates an employee without a valid reason or without due process, it is deemed to be wrongful termination. This applies to all regions of the Philippines, including Imus.
People may require legal assistance in cases of wrongful termination when they believe they have been let go for illegal reasons such as discrimination or retaliation. They may also seek legal help when they have been terminated without due process, including non-receipt of termination notice or no valid hearing. Legal help can be key in understanding your rights, navigating the complexities of the law, and ensuring that you receive fair compensation.
Philippines Labor Code enforces strict guidelines on employers regarding termination of employment. Employees must be given written notice detailing the specific grounds for termination and they have the right to reply and request a hearing. In case of dismissal due to authorized causes, employees are entitled to separation pay. Understanding the legality surrounding these provisions requires knowledge of the labor laws, which can be complex and convoluted for the untrained individual.
Any termination without a just or authorized cause or without due process is considered wrongful.
Yes, you can claim compensation in the form of back wages, separation pay, or other benefits as deemed appropriate by the court.
No, as per the Labor Code, an employer is required to give a written notice with specific grounds for termination and an opportunity for a hearing.
Due process involves a two-notice system: one to inform the employee of the specific grounds of the dismissal, and the second to inform the employee of the decision to dismiss.
You should immediately consult with a labor lawyer to understand your rights and possible courses of action.
You can find more information on the Department of Labor and Employment's website. The National Labor Relations Commission (NLRC) also handles labor and employment disputes and can be a useful resource. The Bureau of Labor Relations and the Local Government of Imus can also provide support.
If you need legal assistance, look for a reputable labor lawyer and set up a consultation. Collect all relevant employment documents, such as contracts, pay slips, and any supporting evidence related to your termination. Your lawyer can help you understand your situation, plan your course of action, and represent you before government bodies.
