EMPLOYEES WHO ENJOY RIGHT TO SELF ORGANIZATION c.

Needs opportunity to be heard

GR: All employees
EXPT: cannot join, assist, form L.O
1. Managerial employees DUE PROCESS –
2. Confidential employees A. Substantial evidence- degree of proof
3. Non-employee B. Substantive
4. Member of a cooperative a. Authorized causes – Art. 297
5. Employees of International Organization b. Just causes – Art. 298
6. High-level Govt employee C. Procedural – opportunity to be heard and defend himself; twin
7. Members of AFP, PNP, firemen, jail guards notice requirement
a. 1st Written notice –specify grounds for termination, give
EMPLOYEES WO MAY UNIONIZE for purposes of COLL. BAR. reasonable opportunity within which to explain (5 days from
1. All employees notice)
2. Govt employees of corporations created under CORP code b. Hearing – opportunity to be heard
3. Supervisory employees c. 2nd Written Notice – upon due consideration of all the
4. Aliens with valid working permits circumstances grounds have been established to justify
5. Security personnel termination

EMPLOYEES WHO ENJOY SECURITY OF TENURE D. EMPLOYEE not entitled to NOTICE (due process)
1. Regular and Casual a. EE waived his right
2. Probationary b. EE admitted the alleged violation
3. Contractual (contract period) -cannot claim for procedural due process
4. Project/Seasonal (duration of the limited time agreed) -action against illegal dismissal due to deprivation of due
5. Managerial process will not stand
6. Fixed period/term employees
RETRENCHMENT REDUNDANCY
Contents of notice to strike
1. Ret. Is reasonably 1. Superfluous positions or
1. Name and address (Union involved and Employer)
necessary and likely to services
2. Nature of the industry to which the employer is engaged
prevent business loss
3. Number of union members and of workers in the BU
2. Losses: 2. P/S are in excess of what is
4. Such other relevant data as may facilitate the settlement of
a. If already incurred – reasonably demanded by
the dispute
serious, substantial, the actual requirements of
actual, real the business to operate
Additional :
b. Only expected-
-bargaining deadlock-
reasonably imminent
a. statement of unresolved issues
3. Loss be sufficiently 3. Adequate proof of
b. b. written proposals of the union and counter-proposals of
proved by substantial redundancy
the union
evidence
c. c. proof of request for conference to settle differences
-ULP- 4. Separation pay 4. Separation pay
a. statement of acts complained of 1 mo or atleast ½ month pay/ 1 mo pay for every year of
b. b. efforts taken to resolve the dispute yr of service service
5. Done in good faith for the advancement of its interest and
Requisites of a valid Strike/lockout: not to defeat or circumvent employee’s right to security of
1. Valid grounds: ULP/BDL/ serious violation of CBA considered tenure
as ULP
2. Procedural aspect: 6. Fair and reasonable criteria in ascertaining who would be
a. Effort to bargain dismissed or retained
b. Filing and serving of notice to strike 7. Written notice to EE and DOLE atleast 1 month before the
c. Observance of cooling off period (15 days-ULP; 30 days-BDL; intended date of R/R
immediately-union busting)  Retrenchment if SERIOUS – ER cannot be compelled to pay
d. Conduct of secret balloting for strike vote – obtain majority Separation pay
of the totality of the union of the BU concerned
e. Report of voting results to NCMB – 7 days before the S/L CLOSURE
f. Observance of waiting period - Decision to close or cease operation
- Not serious losses – pay SP (1 month or ½ month pay)
SUSPENSION - Serious – if the business filed insolvency proceeding, EE must
1. Preventive – invoke their claims in such proceeding
a. Measure of precaution; disciplinary measure; protection - Good faith
of company’s property and interest pending - No other option available except to close
investigation of any alleged malfeasance or misfeasance - No breach of Security of tenure
committed by the employee - Look into the intention of ER
b. employee poses a serious and imminent threat to the *Management prerogative to close as long as good faith –
life and property of the employee *Right of employee to work (but employee has no vested right in his
c. done in good faith of ER employment
d. does not exceed 30 days
- within 30 days; ER not obliged to pay salaries SALE
- if more than 30 days, may extend but required to - Asset sale (good faith sells all assets) –old ER (seller) pay S.P
pay salaries or else, constructive dismissal - *buyer is not obliged to absorb employees but must give
- If EE is found to be NOT GUILTY after the preference to those qualified separated EE.
investigation, ER is NOT obliged to reimburse the - Stock Sale (sell controlling block to new or existing shareholder)
20 days loss of earning PROVIDED that the *continues to be the ER of its people an payment of claims
Preventive suspension is VALID. - Employees cannot demand Separation pay from new owner (in
personam)
2. PUNITIVE – - Except ; absorption of employees – there is already EE
a. As a penalty which may only be meted upon substantial relationship
and due process is observed.
b. Includes suspension, demotion in rank
RESIGNATION
- Voluntary act of the EE where he believes that personal reasons
cannot be sacrifices in favour of the exigency of the service.
-Requisites : 1. Intention to relinquish employment
2. overt act of relinquishment
Voluntary – written notice 30 days before resignation
Involuntary – no notice required (acts from ER)
1. Serious insult (honour and person)
2. Inhumane and unbearable treatment
3. Commission of an offense
4. Other analogous
Forced resignation
1. Intimidation caused the consent to be given
2. Threatened act is unlawful or unjust
3. Threat is real and serious
4. It produces well-grounder fear because the person who
threatens has the necessary means or ability to inflict the
threatened injury

RETIREMENT
-RA 7641- applies only in the absence of CBA or agreement
GR: All employees in the PRIVATE sector are entitled regardless:
a. Position
b. Designation
c. Status
d. Irrespective of method of payment of salaries.
EXPT:
1. Govt employees under CIVIL Service law
2. Domestic Helpers, persons in the personal service of another
3. Employees in retail, services and agricultural estab (<10
employees)
* amount of Retirement pay – total of 22.5 days
1. 15 days salary
2. cash equivalent of 5 days SIL
3. 1/12 of the 13th month pay
*Workers paid by results – Average Daily Salary (ADS) total salary for
thelast 12 months reckoned from the date of retiremet divided by te
actual days of work in that particular period
*part time – 1 mo/yr
JUST CAUSES (art. 297)
1. Serious miscoduct and wilful disobedience (insubordination)
2. Gross and habitual neglect
3. Fraud or wilful breach of trust
4. Commission of crime
5. Others:
a. Abandonment
b. Courtesy resignation
c. Change of ownership
d. Habitual absenteesiim/ tardiness
e. Past offenses
f. Immorality
g. Disloyalty /conflict of interest
h. Gross ineffiency
i. Dishonesty
j. Conviction of a crime

AUTHORIZED CAUSES (art. 298)

1. Automation
2. Retrenchment
3. Redundancy
4. Closure of business
5. Temporary stoppage/bona fide suspension of work (<6 months)
6. Other
a. Disease incurable in 6 months
b. Union security clause of CBA
c. Dismissal of union officers/members( Illegal Strike and
Illegal Acts)
d. Termination in conformity of qualification of requirements