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. For termination of employment as defined in Article 283 of the Labor Code, the requirement of due process shall be deemed complied with upon the 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, specifically the ground or grounds for termination. Posted on September 09, 2015. Your employer should submit documents and undergo due process when terminating employees because of authorized causes. If an employee is unhappy with his work or would like to seek greener pastures, the normal recourse is to resign. Ms Li is a member of the Integrated Bar of the Philippines. The employee will be given a chance to answer the allegations within a reasonable period. 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. It is similar to the failure to observe the provisions of Art. Losing one’s job for health reasons falls under authorized causes as stated on the Philippine Labor Code: Art. Employers must take the components of procedural due process to prevent any violation of the labor code. Due process requirement. Termination by Employer An employer can terminate an employee based on a just or authorized cause. D.O. Proper due process must be observed when dismissing employees due to authorized causes. 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. 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. company policies, termination of employment, collective bargaining negotiations, labour law audits and compliance. 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. The … 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. Due Process in Termination of Employment due to Retrenchment. The due process involved in ‘just cause’, as stipulated under Article 296 of the Philippine Labor Code, indicates that a regular employee may be terminated under the following conditions: * In cases of willful and intentional disobedience, or gross misconduct, with regards to the contractual obligations in terms of the assigned and required work-related duties. Separation Pay in the Philippines - Reasons for Termination. 284 *299. — In all cases of termination of employment, the following standards of due process shall be substantially observed. The illegal dismissal of an employee is one of the most common labor cases filed in the Philippines. 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. Before an employer dismisses an employee, the due process must be properly observed regardless of the ground for termination.