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Browse our 1 legal question about Wrongful Termination in Philippines and the lawyer answers, or ask your own questions for free.
The law of Wrongful Termination in Meycauayan, part of the Republic of the Philippines, is governed by the Labor Code. It states that employers cannot terminate employees without just cause or due process. Specifically, employers must follow particular procedures, and termination of employment must be founded on any of the grounds prescribed by law – misconduct, gross neglect of duties, fraud, willful disobedience, or criminal activities among others.
It's significant to note that the law provides remedies to employees who have been unfairly dismissed, such as reinstatement, back wages, damages, and indemnity depending on the circumstances.
You may need the assistance of a lawyer if you believe you've been unjustly terminated from your role. They can help determine if your dismissal was unlawful and if any of your rights were violated. Lawyers can also aid in compiling evidence, presenting your case and possibly negotiating a settlement with your former employer. Additionally, if your case goes to court, a lawyer can represent you and ensure you are adequately prepared for the proceedings.
Local laws in Meycauayan follow the Labor Code of the Philippines, of which Article 282 to 284 cover the grounds and due process required for the lawful termination of an employee. The law demands that a substantial and valid cause be present for an employee’s termination and necessitates employers to provide both substantive and procedural due process to employees prior to the termination.
Moreover, the Labor Code stresses that all workers in the Philippines have the right to security of tenure which simply means that an employee can only be dismissed if just or authorized causes, as provided by law are present.
Wrongful termination occurs when an employee is dismissed from their job in violation of their legal rights, including those stated in the Labor Code of the Philippines.
These might include terminations based on discrimination, retaliation, refusal to commit illegal acts, or dismissals that breach contracts or company policies.
You can file a case with the Labor Arbiter of the National Labor Relations Commission (NLRC), which has jurisdiction over claims for wrongful termination.
A lawyer can assess your case, gather necessary evidence, represent you in court, and guide you through the complex procedures of litigation.
It is recommended to seek legal advice immediately after your termination. The Labor Code has prescribed a 4-year prescription period for money claims. Acting promptly may also preserve vital evidence for your case.
These include serious misconduct, willful disobedience, gross negligence, fraud, breach of trust, commission of a crime, and others as stated in Article 282 to 284 of the Labor Code.
An employer needs to send a written notice that details the grounds for termination and give the employee the chance to rebut. If the employer decides to proceed, they will issue a second notice of dismissal. Trial-type hearings or actual adversarial proceedings are not needed, but the employee’s right hear the charges and present their side must be protected.
Employment termination during a leave is illegal if the employee used their rightful leaves such as sick, vacation or maternity/paternity leave.
The law requires full back wages, plus interest, if you're unlawfully dismissed. You might also be entitled to reinstatement, separation pay in lieu of reinstatement, and damages.
You can seek help from the Public Attorney's Office (PAO), a government agency that provides free legal services to qualified indigent litigants.
The Department of Labor and Employment (DOLE) and National Labor Relations Commission (NLRC) are excellent sources of valuable information regarding labor laws, including wrongful termination. Additionally, the Public Attorney’s Office (PAO) provides free legal assistance to those who cannot afford legal proceedings.
If you believe that you have been wrongfully terminated, you should act promptly. Gather all related documents such as employment contracts, payslips, dismissal notices, and any pertinent correspondences. Afterward, seek advice from a lawyer who specializes in labor cases to better understand your position and strategize your legal action. It's always recommended that you seek legal assistance as early as possible to increase the chances of a successful resolution.
