Question
Explain more in detail the following items of Article 297 of the Labor Code of the Philippines. a. Serious misconduct. To be a valid ground
Explain more in detail the following items of Article 297 of the Labor Code of the Philippines.
a. Serious misconduct. To be a valid ground for termination, there must be a misconduct which must be of such grave and aggravated character. It must relate to the performance of the employee's duties. It must be shown that the employee becomes unfit to continue working for the employer.
b. Willful disobedience or insubordination. The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude. The order violated must be reasonable, lawful, and made known to the employee and must pertain to the duties which he has been engaged to discharge.
c. Gross and habitual neglect of duties. The employee must have committed a neglect of duty and the negligence must be both gross and habitual in character.
d. Fraud or willful breach of trust. There must be an act, omission or concealment on the part of the employee, which involves a breach of legal duty, trust, or confidence justly reposed. It must be committed against the employer or his/her representative and must be in connection with the employer's work.
e. Loss of confidence. The employee commits an act, omission or concealment which justifies the loss of trust and confidence of the employer to the employee. The employee concerned must be holding a position of trust and confidence. The loss of trust and confidence should not be simulated, and should not be used as a subterfuge for causes which are improper, illegal, or unjustified.
Also, it must be genuine and not a mere afterthought to justify an earlier action taken in bad faith.
f. Commission of a crime or offense. The employee must have committed an act or omission punishable by law against the person of employer, any immediate member of his/her family, or his/her duly authorized representative.
g. Other causes analogous to the foregoing. In one case, an employee's attitude problem was considered a situation analogous to loss of trust and confidence. (Heavylift Manila vs Court of Appeals, GR 154410, 20 October 2005).
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