Академический Документы
Профессиональный Документы
Культура Документы
i. Scope
i. a just cause or
and
reinstatement.
Concept
cause.
Constitution)
law.
termination of employment.
substantially observed:
date of termination.
3. PREVENTIVE SUSPENSION
co-workers.
Preventive Suspension
regulations.
Valid suspension
XIV, book V)
It is not a form of penalty, it is more of a protective
1. to prevent further
2. to prevent tampering
1. Grounds
as a penalty.
Legal Basis
Suspension
workers.
2008.)
extension.
reinstatement).
Constructive Dismissal
set in.
21, 1997.
Rule on Proportionality
REMEMBER that
penalty.
HOWEVER,
6, 1997]
Maximum period
3. Extension
Cases:
445)
of P1,000.00.
162)
549)
(a) XXX
against dismissal except for a just or authorized cause and without prejudice to the requirement of
RA 6715)
a. Substantial Evidence
Labor Code
Bill of Rights
rule
is sought.
required.
date of termination.
d. Principle of Discretionary Justice
employment:
3. length of service
4. previous offenses
follows:
whichever is higher.
separation pay.
1. As employer’s obligation
2. As financial assistance
discerning compassion.
or company policy.
Just Causes
• Substantial requirements
his duties;
authorized representative;
a. serious misconduct
Requisites:
b. willful disobedience
Requisites:
must be:
his duties
d. fraud
cheated.
Requisites:
representative
confidence
authorized representative:
Requisites:
Loss of Confidence:
1. loss of confidence which should not be simulated;
illegal or unjustified;
in bad faith;
such as:
supervisory employees, or
routinely charged with the care and custody of the employer’s money and property, ie. Cashiers,
Abandonment
Sexual Harassment
Gross inefficiency
neglect of duties.
ARTICLE V
Employment.
organizations.
Attitude problem
causes:
of the school;
d. notoriously undesirable;
bargaining agreement.