A sudden termination can be a devastating experience for Filipino workers, who constantly worry about losing their jobs. Although it’s not always permitted, employers have the right to fire workers for good cause. Unlawful dismissal, commonly referred to as wrongful termination, is protected by the Philippine Labor Code. Any worker must be aware of these rights and be aware of when to seek the assistance of an experienced labor lawyer in the Philippines. The main points of a wrongful termination will be covered in this article, along with the importance of legal representation in defending your rights.
Understanding Unlawful Dismissal
Unlawful dismissal happens when an employer fails to follow strict legal rules for firing an employee. This can mean a dismissal without a valid cause or one without the correct legal procedures, or both.
Just Causes for Termination
According to the law, an employer can fire an employee for certain “just causes.” These explanations have a direct bearing on the employee’s performance or misbehavior. Examples of just causes include serious misconduct, such as fighting or theft. Gross negligence of duties also falls under just cause. It also includes an employee committing any crime against the employer and/or their immediate family, as well as other acts of misconduct defined by company policy and the labor code. An employer must provide credible evidence to support these claims. If the employer is unable to produce this documentation, the dismissal is illegal.
Authorized Causes for Termination
Other than just causes, the Labor Code also lists “authorized causes.” These are reasons for firing that are necessary for the business and usually not at the fault of the employee. This includes instances such as a position being redundant, usually due to a task being automated or through restructuring. It also includes a company laying off employees to avoid financial losses or when the company goes under.
For terminating an employee based on authorized causes, employers are legally obligated to give both separation pay and a written notice at least 30 days before termination. Failure to comply makes the dismissal unlawful.
Procedural Due Process
Even when there is a valid reason for firing an employee, the legal process is extremely stringent. The employer must follow the “two-notice rule”:
- Notice to Explain: First, the employer must provide a written notice outlining the specific issues and allowing the employee a reasonable amount of time (at least five days) to present their case.
- Notice of Decision: The employer is required to provide a second written notice following the employee’s explanation. This informs the worker of the decision to terminate their employment and must specify that all relevant information was taken into account.
If a firing does not follow this two-notice rule, it is unlawful, even if there was a good reason to fire the employee.
Common Examples of Unlawful Dismissal
An employee might not always be aware that their termination is illegal. A labor lawyer in the Philippines can help determine if a dismissal fits one of these common scenarios:
Dismissal without Just or Authorized Cause: The most basic instance, when a worker is let go without good reason.
Failure to Comply with Due Process: An employee is fired right away, without a chance to explain their side.
Constructive Dismissal: This occurs when a boss makes work so difficult that a worker is compelled to leave. A large pay cut, an unjustified demotion, or ongoing harassment are a few examples. While not being direct, this is still regarded as a termination.
Discrimination or Retaliation: An employee’s age, gender, religion, political views, or reporting the employer’s unethical or illegal behavior can all be grounds for termination.
The Role of a Labor Lawyer in the Philippines
If you think you have been unlawfully dismissed, getting legal help is the most important step. A labor lawyer in the Philippines can provide a range of critical services:
Case Assessment and Legal Advice
Evaluation: To determine whether your rights were infringed, a lawyer will review every detail of your case, including your contract and termination letter.
Legal Options: They will give you a clear understanding of your legal choices, whether it’s seeking money, getting your job back, or a settlement.
Filing a Complaint with the NLRC
Assistance: A lawyer will help you prepare and file a formal complaint with the National Labor Relations Commission (NLRC). They will make sure all needed documents and forms are submitted correctly.
Conciliation: They will represent you in the mandatory mediation and conciliation discussions, where a lot of cases are resolved out of court.
Representation in Court or Hearings
Legal Representation: If conciliation fails, a lawyer will represent you in formal arbitration before the labor arbiter. They will argue your case, present evidence, and question witnesses.
Appeals: If there is an appeal to the NLRC and other courts, you can also be represented by a lawyer.
Securing Monetary Claims
Calculation: A lawyer can help you correctly calculate the money you are owed. This can include backwages, separation pay (if applicable), 13th-month pay, holiday pay, moral damages, and attorney’s fees.
What to Do After Being Dismissed
Do Not Sign a Quitclaim: A quitclaim is a formal document that relinquishes your right to bring legal action against your employer. Without first obtaining legal counsel, a labor lawyer in the Philippines would strongly advise against signing this.
Gather All Documents: Get copies of all pertinent documents right away, including your employment contract, paystubs, performance reviews, termination letter, and any employer memos.
Consult a Labor Lawyer Immediately: Unlawful dismissal claims have a time limit, and a lawyer can ensure your case is filed within that time.
Key Takeaway
Although an employee’s rights are gravely violated by unlawful dismissal, there is a clear legal means of combating it. For any employee looking for justice and fair pay, the assistance of a knowledgeable labor lawyer in the Philippines is not only advantageous but essential. You can successfully contest an illegal dismissal and protect your legitimate claims if you are aware of your rights and take prompt action under the advice of an experienced attorney.
