Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
Browse our 1 legal question about Wrongful Termination in Philippines and the lawyer answers, or ask your own questions for free.
In Santiago, Philippines, wrongful termination, also known as illegal dismissal, happens when an employee is dismissed from work for reasons not in accordance with the Labor Code of the Philippines. These reasons can be not justifiable (like discrimination or retaliation), or done in violation of established company procedures or the constitutionally guaranteed rights of workers. Employers found guilty of wrongful termination could face substantial penalties under the law including reinstating the employee, wage compensation and others.
The complexities inherent in wrongful termination cases necessitate legal counsel. A lawyer can help you understand your rights and obligations and guide you accordingly. There are many situations where legal aid can be beneficial, such as when you have been terminated seemingly without cause or due process, if your termination appears to be discriminatory, if you've faced retaliation for bringing up labor conditions or if you suspect a violation of company rules in the procedures of your dismissal. A lawyer could help you file your case, present evidence, negotiate settlements and represent you in tribunal hearings if necessary.
The Labor Code of the Philippines is the key legal text when it comes to employment practices including termination. Two major sections relevant to wrongful termination are Article 282 detailing just causes for termination by an employer and Article 277 guaranteeing protection to labor, assuring workers' rights, and due process. Law enforcement and courts in Santiago follow this national law, ensuring that employees are not unjustly terminated and are treated fairly. Any violation of these laws could be deemed as illegal dismissal or wrongful termination, attracting various punishments for the employer.
Under the Labor Code, just causes for termination include serious misconduct, willful disobedience, gross and habitual neglect of duty, fraud or breach of trust, commission of a crime against the person of the employer or any immediate member of his family, and other similar causes.
The Labor Code stipulates conditions under which health reasons can be invoked for termination - only when it could be determined that the employee's ailment is of such nature or at such a stage that it cannot be cured within a period of six months even with proper medical treatment. Otherwise, it could be deemed wrongful termination.
Yes, an employer is required to provide at least a month's notice or payment in lieu thereof, except in certain cases of termination due to just causes.
The constitutionally guaranteed rights of workers include self-organization and collective bargaining. They cannot be terminated for unionizing or for legal strike actions. Illegal acts during strikes, however, could be justifiable grounds for termination.
These can include reinstatement, full back wages computed from the time of dismissal up to the time of actual reinstatement, and other benefits or their monetary equivalent.
In such cases, the Labor Code provides for separation pay in lieu of reinstatement along with compensation for back wages, effectively a financial consideration equivalent to a month salary for every year of service.
The Department of Labor and Employment (DOLE) is the main government agency responsible for creating and enforcing labor laws in the Philippines. The National Labor Relations Commission (NLRC) is the quasi-judicial body tasked with adjudicating labor and industrial disputes. The Bureau of Labor Relations and the Bureau of Working Conditions are helpful resources as well.
If you feel you have been wrongfully terminated, consider seeking legal advice. Gather all relevant documentation including your contract, payslips, termination letter, and any correspondence related to your termination. Record any pertinent interactions and conversations that may support your case. You may file your complaint with the DOLE or the NLRC, or hire a lawyer to help you navigate the legal process.
