Lawful termination of employee’s services

2
Persida Acosta

Persida Acosta

Dear PAO,
My supervisor told me and my two co-employees that we will be terminated on or before October this year because our services will no longer be needed since the company is about to purchase machines that will do the exact services that we are rendering. I just want to know if this can be legally done to us. What benefits will we get assuming they really push through with our termination?
Dawn

Dear Dawn,
Not all terminations of employees are considered unlawful or illegal. Our laws have enumerated the just and authorized causes for which an employer may validly terminate the services of an employee and these are specifically mentioned under Articles 282, 283 and 284 of Presidential Decree 442, as amended, or the Labor Code of the Philippines.

In the situation that you have presented, we believe that the applicable legal provision is Article 283 of the code. As provided therein, “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, x x x” (Emphasis supplied)

Nevertheless, it is necessary that such termination be done by your employer with due process. As stated under Section 2, Paragraph 3, Rule 1, Book VI of the Omnibus Rules Implementing the Labor Code, the requirement of due process is complied with upon the service by the employer of a written notice to the employee as well as the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty (30) days before the effectivity of the termination, specifying therein the ground/s for such termination.


Supposing your employer proceeds with your termination, in compliance with the above-mentioned tenets, you are entitled to receive a separation pay that is equivalent to at least your one (1) month pay or to at least one (1) month pay for every year of your service, whichever is higher. (Article 283, Id.) You may also claim your unpaid salaries, if there are any, as well as your 13th month pay, which shall be in proportion to the length of time you worked for this year, reckoned from the time you started this year up to the time of your termination. You may also demand such other benefits expressly granted under your contract of employment or collective bargaining agreement, should there be any.

We hope that we were able to answer your queries. Please be reminded that this advice is based solely on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.

Editor’s note: Dear PAO is a daily column of the Public Attorney’s Office. Questions for Chief Acosta may be sent to dearpao@manilatimes.net

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2 Comments

  1. dear pao manilatimes umabsent po aswa ng 7days sa work at sa secritary lang naka paalam after 7days pumasok po sya at sinabihan po sya ng amo nya na hindi na sya pwedeng pumasok dahil may bagong batas po daw ngayon na 3days palang awol kana at mag bigay nlang daw po asawa ko ng resignation letter bibigyan daw po cia ng bayad bilang pakonswelo dw po sa 15yrs nya na pagtatatrabaho, na kung tutuosin po dw wala na dw po syang makukuha sa companya tama po ba ang ginawa sa asawa ko eh wala naman po silang annual leave oh kahit n anong leave
    15years po syang nagtrabaho sa company na yon sana poh ay mabigyan nyo po ako ng advice…..

  2. christine cortez oalzo on

    dear pao manilatimes umabsent po aswa ng 7days sa work at sa secritary lang naka paalam after 7days pumasok po sya at sinabihan po sya ng amo nya na hindi na sya pwedeng pumasok dahil may bagong batas po daw ngayon na 3days palang awol kana at mag bigay nlang daw po asawa ko ng resignation letter bibigyan daw po cia ng bayad bilang pakonswelo dw po sa 15yrs nya na pagtatatrabaho, na kung tutuosin po dw wala na dw po syang makukuha sa companya tama po ba ang ginawa sa asawa ko eh wala naman po silang annual leave oh kahit n anong leave
    15years po syang nagtrabaho sa company na yon sana poh ay mabigyan nyo po ako ng advice