Labor Lawyer Philippines protects employees against injustice, including illegal dismissal. The security of tenure mandates that an employee shall not be dismissed from work except for just or authorized cause and after due process. In practice, wrongful dismissal is a common problem faced by workers. Workers suffer from it due, in part, to their ignorance of the law or, oftentimes, to abuse by employers.
Labor lawyers defend employees’ rights and hold companies accountable for compliance with labor laws. Employees subjected to illegal dismissal may institute legal remedies such as reinstatement, back wages, and damages. Both employees and employers need to understand the role that labor lawyers play, the legal basis for lawful dismissal, and the available remedies.
The Role of Labor Lawyer Philippines
These lawyers basically have expertise in labor law and would primarily ensure legal advice, representation, and advocacy for both employee and employer. Their mandate is to mainly uphold the labor laws in the Philippines, particularly the Labor Code.
For employees wrongfully terminated, labor attorneys evaluate the legality of such termination and will assist the employee with the necessary steps to file their complaints before appropriate agencies like the National Labor Relations Commission, also known as the NLRC. Preparation of documents, representation before hearings, and settlement negotiation are three of the most important duties performed for employees.
For the employers, these attorneys for labor law provide input on legal modes of termination that should ultimately prevent a possible lawsuit for wrongful termination. Help draft contracts of employment according to compliance with labor standards and advise on company policy regarding the prevention of any liability in cases of wrongful termination.
Legal Grounds for Dismissal in the Philippines
Just Causes for Dismissal
Just causes for dismissal are the ones that justify termination of an employee’s service as founded in actions that his or her conduct may warrant. Such include serious misconduct in terms of stealing property, fraud, or any other form of wrongful acts that may be termed as a breach of trust and/or company policy. Thus, it may include willful disobedience, refusing that employee to follow lawful and reasonable commands given by superiors.
This is another basis for dismissal. Such gross and habitual neglect of duties can be witnessed generally in a situation where the employee has failed in performing his or her responsibilities repetitively. Fraud or breach of trust occurs if the employee engages in deception or dishonesty, harming business operations. Murder may also serve as a criterion for dismissal at the employer’s or co-employer’s level.
Authroized Causes for Dismissal
Authorized causes pertain to the instances whereby the termination of an employee is substantiated not based on misbehavior by the employee but because of some factors beyond their control about the state of the business offering employment. Redundancy refers to the cessation of employment, which happens if the position occupied by an employee is deemed irrelevant after reorganization or a cut-down in the company. Retrenchment is the term given when employees are removed through lay-off for the reduction of the cost of running the company due to poor financial performance.
The ending of business, be it temporary or permanent, might result in termination if the business is non-operational. It covers illnesses that disable and risk the health of the workplace, as they can be treated under disease or disability. Employers are further bound to show adherence to due process in using both authorized and just causes for actual causes of employee discharge.
Due Process in Termination
Due Process for Just Cause Termination
Employers must comply with the twin-notice rule upon termination of an employee with just causes. The first notice would be a written notification to the employee, with a statement describing the infraction and an opportunity to respond. The next step will be a hearing or a conference in which the employee will defend the supposed infraction. In the end, the employer will issue a final notice of termination, with reasons given for the dismissal, upon considering the explanation.
Due Process for Authorized Cause Termination
Due process includes a written notice to the employee at least 30 days before the date of termination, for the reason of termination. Employers will have to notify the DOLE of this termination as proof of compliance with pertinent labor laws.
All employees who were dismissed for just causes qualify for separation pay except those who were laid off from work due to business closure as a result of severe losses. Legal consequences may arise, even if dismissal has valid reasons, but it has not complied with due process.
Illegal Dismissal and Its Consequences
An illegal dismissal is what it is known as when an employee gets discharged without a righteous or authorized cause or is devoid of due process. Employees who maintain that they have been wrongfully dismissed may file a complaint with the NLRC.
If it turns out that the NLRC considers the dismissal as illegal, the employer can be compelled to reinstate the worker to his or her previous position without loss of seniority. The employer may also be required to pay the worker lost back wages from the time of dismissal to reinstatement. In case reinstatement is not feasible, separation pay may be given instead. If a dismissal is made in bad faith, the employer can be charged for payment of other compensation for moral and exemplary damages.
How Labor Lawyer Can Help in Illegal Dismissal Cases
A labor attorney helps workers to legally contest their illegal discharges. The entire process begins with the filing of a complaint to the NLRC. After an official filing of the complaint, the NLRC schedules mandatory conciliation and mediation between the parties to settle their differences. If there is no settlement, a formal hearing is held for the parties to present arguments in favor or against the employee’s wrongdoing. After making a valid evaluation of the case, a decision is rendered by a labor arbiter. Should either party disagree with the decision, they can take the matter to a higher court.
This way, the labor lawyer can always be assured that the employee’s rights were protected from beginning to end and that he should have high chances of a successful outcome.
Key Takeaway
Illegal dismissal still piles high in the Philippines, and employees have recourse under the law in fighting for their rights. The Labor Code gives clear guidelines for lawful termination, stating just and authorized causes that must go through due process. Any failure to comply allows dismissed employees the recourse to seek justice through the NLRC with the help of labor lawyers.
A labor lawyer has a very important role to fulfill regarding wrongful termination of employees and the legality of the employers. It is, therefore, necessary for an employee to know his rights and seek professional legal advice to avoid going through the process of unfair labor practices and provide a way to employ the rightful compensation for orphaned illegal dismissal.
