Thursday, June 18, 2009

Grounds for Termination of Employment

Essentially, the Labor Code of the Philippines has several provisions under which an employee may be validly terminated, namely: (1) just causes under Article 282; (2) authorized causes under Article 283; (3) termination due to disease under Article 284; and (4) termination by the employee or resignation under Article 285. While the said provisions did not mention as ground the enforcement of the Union Security Clause in the CBA, the dismissal from employment based on the same is recognized and accepted in our jurisdiction. (Inguillo v. First Phil. Scales, G.R. No. 165407, June 5, 2009)

In Del Monte Philippines, the stipulations in the CBA authorizing the dismissal of employees are of equal import as the statutory provisions on dismissal under the Labor Code, since a CBA is the law between the company and the Union, and compliance therewith is mandated by the express policy to give protection to labor.

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