Illegal Termination is the unlawful dismissal of an employee that does not fall under the just causes as clearly provided by the labor code. This applies to all employees including call center agents that work in the Philippines. There are basically five just causes for legal termination namely, serious misconduct, Willful disobedience to lawful orders, Gross and habitual neglect of duties, Fraud or willful breach of trust / Loss of confidence, and commission of a crime or offense.
Moreover, there are also just causes that are analogous to the cases above such as abandonment of job, gross inefficiency, disloyalty/conflict of interest and dishonesty. If call center employee or any employee for that matter is terminated for any other reason beyond what is stated above, then such termination can be disputed as illegal. However, if for some reason, one’s termination is successfully proven to be included in any one of the just causes and analogous provided by the law, then one’s termination is considered legal and the person terminated shall not be entitled to any separation pay or benefits.
Aside from the ensuring that just causes for termination is valid, the law also clearly provides for a procedural due process for an employee termination or dismissal be lawful and valid. This is necessary to provide employee to explain to the court and defend himself from the action of the employer through a hearing. The process starts by sending a written notice to the employee explaining the grounds of termination. A hearing or formal investigation ensues in which employee is given the opportunity to explain and respond to the charge. A second notice of termination is served after the hearing is done. If however an employee refuses to participate in the process of termination, the law considers that he has waived his right to defend himself.
Termination is illegal if the dismissal is not for a just cause. If dismissal is for a just cause but without proper procedural process, the termination is still legal but employer may be compelled by law to pay damages to terminated employee.
- termination due to call avoidance
- sample for company memo for termination due of awol
- awol issues pinoyexchange
- call avoidance terminated
- dismissed online gaming employees-immoral relations makati
- excessive tardiness philippines laws
- Termination Notice due to AWOL
- philippines employee tardiness
- philippines employee discharge for tardiness
- illegal termination of employment call center