company policies, termination of employment, collective bargaining negotiations, labour law audits and compliance. Unlike the United States of America, which has an “at-will employment” doctrine, employers in the Philippines can only terminate their relationship with an employee if a “just” or “authorized” cause, as defined under the law, has been established, after undergoing due process. Termination of employment in the Philippines can be a complex process for employers since the Labor Code is construed in favor of employees. If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. For termination of employment due to an authorized cause, the employee is dismissed because the management exercised its business prerogative, not because the employee was at fault. For several weeks now, we have been discussing due process and termination of employment. There are five different types of employment in the Philippines and they are determined by the nature and/or existence of activities that an employee is required to perform. The law authorizes termination of employment on the ground of disease found in Article 284 [now Article 299 in a renumbered Labor Code] of the Labor Code. Through Department Order … Proper due process must be observed when dismissing employees due to authorized causes. With respect to Art. 284 *299 or termination due to health reasons. While a management prerogative, it is subject to the two-fold limitations of good faith and employee rights. A group termination of employment is the termination of employment of 50 or more employees working at a single industrial establishment either on the same date or within any 4 week period. NOTICE TO DOLE THROUGH ESTABLISHMENT FORM. Today, we will talk about resignation . — Concept of dismissal of an employee. 283 of the Labor Code, the employer's failure to comply with the notice requirement does not constitute a denial of due process but a mere failure to observe a procedure for the termination of employment which makes the termination of employment merely ineffectual. Dismissing employees is the act by the employer of terminating their employment on the ground of just causes and after observance of substantive and procedural due process. No. Related Topic: How to Dismiss an Erring Employee the Right Way D ismissal for an authorized cause does not necessarily imply delinquency or culpability on the part of the employee. The … Affording due process means recognizing the employee's right to be informed of unsatisfactory performance and to have a chance to defend himself and improve before an adverse employment … Termination of employment requires the observance of substantive and procedural due process requirements. Due process requirement. Termination of employment should undergo due process. For termination of employment based on just causes as … Employees should be issued a written “Notice of Retrenchment” or other analogous memorandum to inform them that they have been retrenched from their employment. Disease as ground for termination. For termination of employment as defined in Article 283 of the Labor Code, the requirement of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment at least thirty days before effectivity of the termination, specifying the ground or grounds for termination. RETRENCHMENT NOTICE. Due process of law is an oft-invoked clause in most situations involving an individual’s relationship with others, especially with the Government or the State. Elvin B. Villanueva.. 147-15 expressly provides for the specific standards in applying the just and authorized causes and specifically outlines the due process of termination of employment. In such cases, employers must notify the Minister of Labour in writing of their planned group termination of employment at least 16 weeks before the employment terminations begin. 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