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282 Termination of Employment
282 Termination of Employment
Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes:
1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in
connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized
representative;
4. 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 representatives; and
5. Other causes analogous to the foregoing.
I. Management Rights
- In law and management practice the wisdom in labor management relations lies in the Aristotelian Golden
Mean.
1. RIGHT TO MANAGE PEOPLE IN GENERAL
- Employer is free to regulate, according to his own discretion and judgment and all aspects of
employment as long as it is not defeating or circumventing the rights of the employees under special
laws or under valid agreements.
- The Employer and Employee have an equality of right guaranteed by the constitution.
- If the employer can compel the employee to work against the latters will this is Servitude.
- If the employee can compel the employer to give him work against the employers will this is
Oppression.
2. RIGHT TO DISCIPLINE
- The Employer has the prerogative to instill discipline in his employees and to impose reasonable
penalties, dismissal on erring employees pursuant to company rules and regulations.
- It will demoralize the rank-and-file if the undeserving, if not desireable, remains in the service.
3. RIGHT TO TRANSFER EMPLOYEES
- Prerogative by of Management to transfer an employee from one office to another within the business
establishment, provided, that there is no demotion of rank, diminution of his salary, benefits and other
privileges.
4. THE RIGHT TO DEMOTE
- It is management prerogative to transfer, demote, discipline and even to dismiss an employee to
protect its business, provided it is not tainted with unfair labor practice.
5. THE RIGHT TO DISMISS
- The right of the company to dismiss its employees is a measure of self-protection.
5.1 THE POWER TO DISMISS IS NOT ABSOLUTE
- Dismissals must not be arbitrary and capricious.
- Due process must be observed in dismissing aan employee because it affects not only
his position but also his means of livelihood.