· Not an official government website

BatasKo

Ang Batas, Sa Simpleng Salita — your rights, finally explained.

Book VI — Post-Employment

Article 282Termination by employer.

PD 442 · Labor Code of the PhilippinesELI5 guide available

ELI5— what this means for you

There are only 6 valid 'just causes' for terminating an employee: serious misconduct, willful disobedience, gross neglect of duty, fraud or breach of trust, commission of a crime against the employer, and analogous causes. 'Attitude problem' or 'we need to cut costs' are NOT just causes.

Key point

Just causes are a closed list. If it's not on the list, it may be illegal dismissal.

Official text — PD 442

Termination by employer.

An employer may terminate an employment for any of the following causes:

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;

Gross and habitual neglect by the employee of his duties;

Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;

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

Other causes analogous to the foregoing.

Source: lawphil.net (PD 442 as amended)

Related guides

RELATED RIGHTS

Legal disclaimer: BatasKo provides general legal information, not legal advice. For advice on your specific employment situation, consult a licensed Filipino lawyer or the Public Attorney's Office (PAO) at pao.gov.ph.