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> GOVERNANCE - home > Employment protection legislation database - EPLex > Philippines

Philippines - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: written

Remarks:
  • Art. 277 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6.

Notice period:
Remarks:
  • The LC establishes a distinction between a dismissal for a just cause and a dismissal for an authorized cause.
    - Authorized causes are of two types: business reasons and disease (art. 283 and 284 LC).
    - Just causes are blameworthy acts on the part of the employee such as serious misconduct, wilful disobedience, gross and habitual neglect of duties, fraud or wilful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
    There is no notice period prior to a dismissal for a just cause or for health reasons.
    The employer is only required to give a one-month notice to the employee in the event of termination for business reasons (art. 283 LC).
    • tenure ≥ 6 months
      • economic dismissal - 1 month(s).
    • tenure ≥ 9 months
      • economic dismissal - 1 month(s).
    • tenure ≥ 2 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 4 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 5 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 10 years
      • economic dismissal - 1 month(s).
    • tenure ≥ 20 years
      • economic dismissal - 1 month(s).

    Pay in lieu of notice: No

    Notification to the public administration: No

    Remarks:
    • No general obligation to notify the administration.
      - No notification required in the event of a dismissal for a just cause.
      ( Please not that, for dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employee¿s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284 LC; Implementing Rules of Book VI, LC)).
      - Notification is mandatory in cases of economic dismissals (closure if an establishment or reduction of the workforce and dismissal due to disease): art. 283 LC.

    Notification to workers' representatives: No

    Remarks:
    • Art. 283 LC: Notice shall be served to the workers and the administration. No mention of worker's representatives.

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: written

    Remarks:
    • Art. 277 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6.

    Notice period:
    Remarks:
    • The LC establishes a distinction between a dismissal for a just cause and a dismissal for an authorized cause.
      - Authorized causes are of two types: business reasons and disease (art. 283 and 284 LC).
      - Just causes are blameworthy acts on the part of the employee such as serious misconduct, wilful disobedience, gross and habitual neglect of duties, fraud or wilful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
      There is no notice period prior to a dismissal for a just cause or for health reasons.
      The employer is only required to give a one-month notice to the employee in the event of termination for business reasons (art. 283 LC).
      • tenure ≥ 6 months
        • economic dismissal - 1 month(s).
      • tenure ≥ 9 months
        • economic dismissal - 1 month(s).
      • tenure ≥ 2 years
        • economic dismissal - 1 month(s).
      • tenure ≥ 4 years
        • economic dismissal - 1 month(s).
      • tenure ≥ 5 years
        • economic dismissal - 1 month(s).
      • tenure ≥ 10 years
        • economic dismissal - 1 month(s).
      • tenure ≥ 20 years
        • economic dismissal - 1 month(s).

      Pay in lieu of notice: No

      Notification to the public administration: No

      Remarks:
      • No general obligation to notify the administration.
        - No notification required in the event of a dismissal for a just cause.
        ( Please not that, for dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employee¿s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284 LC; Implementing Rules of Book VI, LC)).
        - Notification is mandatory in cases of economic dismissals (closure if an establishment or reduction of the workforce and dismissal due to disease): art. 283 LC.

      Notification to workers' representatives: No

      Remarks:
      • Art. 283 LC: Notice shall be served to the workers and the administration. No mention of worker's representatives.

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: written

      Remarks:
      • Art. 277 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6.

      Notice period:
      Remarks:
      • The LC establishes a distinction between a dismissal for a just cause and a dismissal for an authorized cause.
        - Authorized causes are of two types: business reasons and disease (art. 283 and 284 LC).
        - Just causes are blameworthy acts on the part of the employee such as serious misconduct, wilful disobedience, gross and habitual neglect of duties, fraud or wilful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
        There is no notice period prior to a dismissal for a just cause or for health reasons.
        The employer is only required to give a one-month notice to the employee in the event of termination for business reasons (art. 283 LC).
        • tenure ≥ 6 months
          • economic dismissal - 1 month(s).
        • tenure ≥ 9 months
          • economic dismissal - 1 month(s).
        • tenure ≥ 2 years
          • economic dismissal - 1 month(s).
        • tenure ≥ 4 years
          • economic dismissal - 1 month(s).
        • tenure ≥ 5 years
          • economic dismissal - 1 month(s).
        • tenure ≥ 10 years
          • economic dismissal - 1 month(s).
        • tenure ≥ 20 years
          • economic dismissal - 1 month(s).

        Pay in lieu of notice: No

        Notification to the public administration: No

        Remarks:
        • No general obligation to notify the administration.
          - No notification required in the event of a dismissal for a just cause.
          ( Please not that, for dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employee¿s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284 LC; Implementing Rules of Book VI, LC)).
          - Notification is mandatory in cases of economic dismissals (closure if an establishment or reduction of the workforce and dismissal due to disease): art. 283 LC.

        Notification to workers' representatives: No

        Remarks:
        • Art. 283 LC: Notice shall be served to the workers and the administration. No mention of worker's representatives.

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: written

        Remarks:
        • Art. 277 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6.

        Notice period:
        Remarks:
        • The LC establishes a distinction between a dismissal for a just cause and a dismissal for an authorized cause.
          - Authorized causes are of two types: business reasons and disease (art. 283 and 284 LC).
          - Just causes are blameworthy acts on the part of the employee such as serious misconduct, wilful disobedience, gross and habitual neglect of duties, fraud or wilful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
          There is no notice period prior to a dismissal for a just cause or for health reasons.
          The employer is only required to give a one-month notice to the employee in the event of termination for business reasons (art. 283 LC).
          • tenure ≥ 6 months
            • economic dismissal - 1 month(s).
          • tenure ≥ 9 months
            • economic dismissal - 1 month(s).
          • tenure ≥ 2 years
            • economic dismissal - 1 month(s).
          • tenure ≥ 4 years
            • economic dismissal - 1 month(s).
          • tenure ≥ 5 years
            • economic dismissal - 1 month(s).
          • tenure ≥ 10 years
            • economic dismissal - 1 month(s).
          • tenure ≥ 20 years
            • economic dismissal - 1 month(s).

          Pay in lieu of notice: No

          Notification to the public administration: No

          Remarks:
          • No general obligation to notify the administration.
            - No notification required in the event of a dismissal for a just cause.
            ( Please not that, for dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employee¿s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284 LC; Implementing Rules of Book VI, LC)).
            - Notification is mandatory in cases of economic dismissals (closure if an establishment or reduction of the workforce and dismissal due to disease): art. 283 LC.

          Notification to workers' representatives: No

          Remarks:
          • Art. 283 LC: Notice shall be served to the workers and the administration. No mention of worker's representatives.

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: written

          Remarks:
          • Art. 277 b) LC. See aslo Omnibus Implementing Rules, Rule XIV, sec. 6.

          Notice period:
          Remarks:
          • The LC establishes a distinction between a dismissal for a just cause and a dismissal for an authorized cause.
            - Authorized causes are of two types: business reasons and disease (art. 283 and 284 LC).
            - Just causes are blameworthy acts on the part of the employee such as serious misconduct, wilful disobedience, gross and habitual neglect of duties, fraud or wilful breach of trust, commission of a crime and other analogous causes (art. 282, LC).
            There is no notice period prior to a dismissal for a just cause or for health reasons.
            The employer is only required to give a one-month notice to the employee in the event of termination for business reasons (art. 283 LC).
            • tenure ≥ 6 months
              • economic dismissal - 1 month(s).
            • tenure ≥ 9 months
              • economic dismissal - 1 month(s).
            • tenure ≥ 2 years
              • economic dismissal - 1 month(s).
            • tenure ≥ 4 years
              • economic dismissal - 1 month(s).
            • tenure ≥ 5 years
              • economic dismissal - 1 month(s).
            • tenure ≥ 10 years
              • economic dismissal - 1 month(s).
            • tenure ≥ 20 years
              • economic dismissal - 1 month(s).

            Pay in lieu of notice: No

            Notification to the public administration: No

            Remarks:
            • No general obligation to notify the administration.
              - No notification required in the event of a dismissal for a just cause.
              ( Please not that, for dismissal based on the grounds of disease, there is no mandatory notification at the time of dismissal. However, before the employer can terminate on the ground of disease, he must obtain from a competent public health authority a certification that the employee¿s disease is of such a nature and at such a stage that it can no longer be cured within a period of six months even with medical attention (art. 284 LC; Implementing Rules of Book VI, LC)).
              - Notification is mandatory in cases of economic dismissals (closure if an establishment or reduction of the workforce and dismissal due to disease): art. 283 LC.

            Notification to workers' representatives: No

            Remarks:
            • Art. 283 LC: Notice shall be served to the workers and the administration. No mention of worker's representatives.

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No