JUST CAUSES UNDER LABOR LAW

Article 282 and enumerated here as follows:

1. Serious misconduct. is an improper conduct in character and action in
relation to the employees work.
2. Willful disobedience to lawful orders. The employees should follow
reasonable and lawful orders of the employer which are connected with
their work. Failure to do so may be a ground for dismissal/disciplinary
action.
3. Gross and habitual neglect of duties. Gross negligence is the entire
absence of care or exerting any effort.
4. Fraud or willful breach of trust / Loss of confidence. Fraud is any act which
involves a breach of legal duty.
5. Commission of a crime or offense. Commission of a crime or offense by the
employee against his employer or any member of his family or his
authorized representative. Cause of termination of employment.
6. Analogous causes. Other causes analogous to the above grounds may
also be a just cause for termination of employment.

REQUISITES OF SERIOUS MISCONDUCT

1. It must be serious;
2. Must relate to the performance of the employees duties
3. Must show that the employee has become unfit to continue working for
the employer.
FRAUD any act which involves a breach of legal duty, trust, or confidence
BREACH OF TRUST the violation by the employee of the trust and
confidence reposed in him by his employer or duly authorized
representative.
LOSS OF CONFIDENCE the fraud or breach of trust is in connection to
the employees work

AUTHORIZED CAUSES FOR TERMINATION

1. Installation of labor-saving devices;
2. Redundancy;
3. Retrenchment to prevent losses;
4. Closure or cessation of business; and
5. Disease not curable within six months

TOTALITY OF INFRACTIONS DOCTRINE

The totality of infractions or the number of violations committed during the
period of employment shall be considered a penalty. The offenses committed
should not be taken singly and separately. The record of an employee is a
consideration in determining the penalty. Employee's past misconduct and
present behavior must be taken together in determining the penalty. Despite
the sanction, he continued to commit misconduct and undesirable behavior.
The employer cannot retain a misbehaving employee. It has the right to
dismiss such an employee for self-protection.
RELIEFS FOR ILLEGAL DISMISSAL
1. Reinstatement;
2. Payment of Backwages;
3. Separation Pay;
4. Payment of Damages; and
5. Award of Attorneys Fees.

CANNOT FORM OR JOIN A UNION

1. Supervisory / Managerial Employees
2. Confidential Employees
3. Aliens
CAN FORM A UNION
1. Rank and File Employees
2. Government Employees
3. Security Personnel

JURISDICTION OF LABOR ARBITER

1. Unfair labor practice cases;
2. Termination disputes;
3. Cases that workers may file involving wages, rates of pay, hours of
work, etc.
4. Cases of damages from employer-employee relations;
5. Cases arising from any violation of Article 264 of the Labor Code
EMPLOYER-EMPLOYEE RELATION: DOMESTIC & HOUSEHOLD
WORKERS
The domestic worker may terminate the employment relationship:
(a) Verbal or emotional abuse of the domestic worker by the employer or
any member of the household;
(b) Inhuman treatment including physical abuse of the domestic worker by
the employer or any member of the household;
(c) Crime or offense against the domestic worker by the employer or any
member of the household;
(d) Violation by the employer under the employment contract;
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household

An employer may terminate the services of the domestic worker:

(a) Misconduct by the domestic worker
(b) Fraud by domestic worker;
(c) A crime or offense by the domestic worker against the person of the
employer or any immediate member of the employers family;
(d) Violation by the domestic worker under the employment contract
(e) Any disease prejudicial to the health of the domestic worker, the
employer, or member/s of the household
WAGE DISTORTION DISPUTES
1.) The company has a hierarchy of positions with corresponding salary
rates
2.) A wage order significantly changes or increases the salaries of the
employees in the lower level but doesn't have a corresponding increase for
the salaries of the employees in the higher level
3.) The distinction between the positions/groups of employees is eliminated
4.) The distortion exists in the same region of the country

COMPROMISE AGREEMENT is a contract between the parties, which if

not contrary to law, morals or public policy. There are two kinds of
compromise agreements, the judicial, which puts an end to a pending
litigation, and the extrajudicial, which is to avoid a litigation.