03 April 2014

MS. VALERIE REGALARIO

Senior Consultant
Sutherland Global Services


SUBJECT: LEGAL OPINION AND/OR COMMENT WITH
REGARD TO YOUR LETTER DATED 26 MARCH 2014


Dear Ms. Regalario,

The Labor Code of the Philippines provides that an employer may terminate an
employment for just and authorized causes only, to wit the following accordingly:

ART. 282. Termination by employer. An employer may terminate an
employment for any of the following causes:

(a) Serious misconduct or wilful disobedience by the employee of the
lawful orders of his employer or representative in connection with
his work;
(b) Gross and habitual neglect by the employee of his duties;
(c) Fraud or wilful breach by the employee of the trust reposed in him
by his employer or duly authorized representative;
(d) Commission of a crime or offense by the employee against the
person of his employer or any immediate member of his family or
his duly authorized representative; and
(e) Other causes analogous to the foregoing.

Offenses contained in your companys handbook, and the corresponding penalties
attached thereto, are still ultimately subject to managements judgment and discretion after
an employee is provided with substantive and procedural due process. Otherwise, it shall be
held legally responsible for liabilities arising from unjust and illegal dismissal or suspension
of an employee.

Likewise, the management of Sutherland Global Services has rights to impose
subordinate sanctions, such as, mandatory coaching and/or moral and conduct trainings to
an employee, instead of enforcing immediate dismissal; provided, however, that after proper
investigation of the employer, it was proven and confirmed that such employee had
committed an offense.

Finally, it is suggested that you continue to follow up with your companys Human
Resources Department with regard to the case that you have filed. If, at some point, you
are deemed to have been deprived of your rights as an employee, you may approach the
nearest DOLE Provincial Office for any issues or matters involving your employment.

For your information and guidance.

Thank you and God bless.

Truly yours,


ATTY. ALVIN M. VILLAMOR
Assistant Regional Director