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Module 3 HRMT 80

Hrmt 80

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17 views5 pages

Module 3 HRMT 80

Hrmt 80

Uploaded by

Ira Leyco
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Republic of the Philippines

CAVITE STATE UNIVERSITY


Bacoor City Campus
DEPARTMENT OF MANAGEMENT STUDIES
BS BUSINESS MANAGEMENT
HRMT 80: Labor Relations and Negotiations
1st Semester, AY 2022-2023
MODULE 1: 1987 Philippine Constitution in relation to Labor

Preface
This module is designed to help Business Management Students taking up Labor
relations and negotiations subject thru online. The material is designed to be read
interactively or after downloading; while the embedded interactive exercises require
internet connectivity, each can also be downloaded for offline work. These exercises are
presented to help you test and apply what you are reading, challenge yourself, prepare
quizzes, and have a little fun along the way.1

About the Author


Atty. Renney Kirsty P. Mostajo-Rivera is one of the
pioneer students of Cavite State University, Bacoor
Campus. She graduated cum laude under Business
Management Major in Marketing Management. In 2013,
she took up Bachelor of Laws at Philippine Christian
University under an honor graduate scholarship
program. She manages to be a consistent dean lister
while being a working student at the same time. By the
grace of God, she graduated on the year 2017 and
passed the bar on the same year. Since 2018, she
handles business law subjects in Cavite State
University, Bacoor Campus such as Obligations and
Contracts and International Trade and Agreements.
Presently, she is working as Court Attorney at the
Supreme Court of the Philippines.

Objectives:
After successfully completing this module, you should be able to have an overview of the
law in relation to labor relations and negotiations. This module aims to provide insight
into the nature and function of labor law, familiarize the students with legal concepts,
terminology and principle related to labor relations and negotiations.

1
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Title I
TERMINATION OF EMPLOYMENT
Art. 292. Coverage. The provisions of this Title shall apply to all establishments or
undertakings, whether for profit or not.
Art. 293. Security of tenure. In cases of regular employment, the employer shall not
terminate the services of an employee except for a just cause or when authorized by this
Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement
without loss of seniority rights and other privileges and to his full backwages, inclusive of
allowances, and to his other benefits or their monetary equivalent computed from the
time his compensation was withheld from him up to the time of his actual reinstatement.
Art. 296. Termination by employer. An employer may terminate an employment for
any of the following causes:
1. Serious misconduct or willful disobedience by the employee of the lawful orders of
his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer
or duly authorized representative;
4. Commission of a crime or offense by the employee against the person of his
employer or any immediate member of his family or his duly authorized
representatives; and 5. Other causes analogous to the foregoing.

Constructive dismissal

Constructive dismissal refers to an involuntary resignation resorted to when continued


employment becomes impossible, unreasonable or unlikely; when there is a demotion in
rank or a diminution in pay; or when a clear discrimination, insensibility or disdain by an
employer becomes unbearable to an employee or an unwarranted transfer or demotion
of a employee, or other unjustified action prejudicial to the employee. The employer has
to prove that such managerial actions do not constitute constructive dismissal (Blue
Dairy Corp. vs. NLRC, 314 SCRA 401)

Floating status for more than 6 months becomes constructive dismissal which entitles
the employee to separation pay (Phil. Industrial Security Agency Corp. vs. Virgilio
Dapiton and NLRC, 320 SCRA 124)

Art. 297. Closure of establishment and reduction of personnel. The employer may also
terminate the employment of any employee due to the installation of labor-saving
devices, redundancy, retrenchment to prevent losses or the closing or cessation of
operation of the establishment or undertaking unless the closing is for the purpose of
circumventing the provisions of this Title, by serving a written notice on the workers and
the Ministry of Labor and Employment at least one (1) month before the intended date
thereof. In case of termination due to the installation of labor-saving devices or
redundancy, the worker affected thereby shall be entitled to a separation pay equivalent
to at least his one (1) month pay or to at least one (1) month pay for every year of
service, whichever is higher. In case of retrenchment to prevent losses and in cases of
closures or cessation of operations of establishment or undertaking not due to serious
business losses or financial reverses, the separation pay shall be equivalent to one (1)
month pay or at least one-half (1/2) month pay for every year of service, whichever is
higher. A fraction of at least six (6) months shall be considered one (1) whole year.
Art. 298. Disease as ground for termination. An employer may terminate the services of
an employee who has been found to be suffering from any disease and whose continued
employment is prohibited by law or is prejudicial to his health as well as to the health of
his co-employees: Provided, that he is paid separation pay equivalent to at least one (1)
month salary or to one-half (1/2) month salary for every year of service, whichever is
greater, a fraction of at least six (6) months being considered as one (1) whole year.

Art. 299. Termination by employee.


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. The
employer upon whom no such notice was served may hold the employee liable for
damages.
An employee may put an end to the relationship without serving any notice on the
employer for any of the following just causes:
1. Serious insult by the employer or his representative on the honor and person of
the employee;
2. Inhuman and unbearable treatment accorded the employee by the employer or his
representative;
3. 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
4. Other causes analogous to any of the foregoing.

Substantive Due Process


Substantive due process requires that the termination of employment be for a just or
authorized cause as provided by law.
Procedural Due Process
For termination of employment based on just causes, the following procedural
requirements must be complied with:
1. A written notice must be served on the employee specifying the ground or grounds for
termination, and giving said employee reasonable opportunity within which to explain his
side.
2. A hearing or conference during which the employee concerned, with the assistance of
counsel if he so desires, is given opportunity to respond to the charge, present his
evidence, or rebut the evidence presented against him.
A written notice of termination served on the employee, indicating that upon due
consideration of all the circumstances, grounds have been established to justify his
termination. (See Section 2(d), Rule I, Implementing Rules of Book VI of the Labor
Code)
The employer should furnish the employee with two written notices before the
termination of employment can be effected: a first written notice informs the employee of
the particular acts or omissions for which his or her dismissal is sought, and a second
written notice which informs the employee of the employer’s decision to dismiss him. In
considering whether the charge in the first notice is sufficient to warrant dismissal under
the second notice, the employer must afford the employee ample opportunity to be
heard. (See Sang-an v. Equator Knights Detective and Security Agency, Inc., G.R. No.
173189, 13 February 2013) (Just cause but without procedural due process, employer is
liable to pay nominal damages in the amount of P30,000.00)
Activity 3. Case Digest

Loss of trust and confidence/ Procedural due process


1. Distribution & Control Products, Inc. vs Santos (G.R. No. 212616)

Gross and habitual neglect of duty/Loss of trust and confidence


2. Casco vs NLRC (G.R. No. 200571, February 19, 2018)

Willful Disobedience
3. Dongon vs Rapid Movers and Forwarders Co., Inc. (G.R. No. 163431 August 28,
2013)

Serious Misconduct
4. Stanfilco – Division of DOLE Phil., Inc. vs Tequillo (G.R. No. 209735)

Constructive Dismissal
Torreda vs Investment and Capital Corp of the Phil. (G.R. No. 229881, September 05,
2018)

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