15 Questions
What is the required notice period for an employee to resign without cause in the Philippines?
30-day advance written notice
In the context of termination of employment in the Philippines, what does the Philippine Constitution prohibit?
Involuntary servitude
What is the consequence if an employee fails to give a written notice before resigning without cause in the Philippines?
Risk of incurring liability for damages
Under Art. 285 of the Labor Code of the Philippines, what kind of resignation requires a 30-day advance written notice?
Resignation without cause
What right does an employee have under Art. 285 of the Labor Code of the Philippines?
Right to resign
Which type of employment is defined as any employment that is not regular employment?
Casual employment
What is the maximum probationary period defined in the article on probationary employment?
Six months
In the context of termination by the employer, what must the employer provide to the affected employees and DOLE at least one month before the intended date of termination?
Written notice
What must the employer have in order to terminate an employee based on disease as a ground for termination?
Valid medical certificate from a licensed physician
In what situation is an employee's employment not considered terminated despite the cessation of work activities?
Bona-fide suspension of the operation of a business or undertaking
Which of the following is a just cause for termination under the Labor Code of the Philippines?
Serious misconduct
What is required before an employer can terminate an employee due to disease under the Labor Code of the Philippines?
Certification from a public health authority
Under the Labor Code of the Philippines, what is the status of temporary or fixed-term employees?
They are not regular employees and can be terminated at the end of their contracts
What distinguishes just causes from authorized causes for termination under the Labor Code of the Philippines?
Just causes refer to wrongdoing by the employer or employee, while authorized causes refer to changing economic or business conditions
What is considered 'constructive' dismissal under the Labor Code of the Philippines?
Forced resignation
Study Notes
Termination of Employment in the Philippines under the Labor Code
- Just causes for resignation with cause include serious insult, inhuman treatment, crime against the employee or family, and analogous causes
- Forced resignation is not allowed and is considered "constructive" dismissal
- Voluntary and compulsory retirement are provided for under Art. 287 of the Labor Code
- Employers may terminate employees for just or authorized causes, but must prove the lawfulness of dismissal
- Just causes for termination include serious misconduct, willful disobedience, gross neglect, fraud, crime, and analogous causes
- Authorized causes for termination include business reasons, disease, installation of labor-saving devices, redundancy, retrenchment, and closure
- Before terminating due to disease, the employer must obtain certification from a public health authority
- Temporary or fixed-term employees are not regular employees and can be terminated at the end of their contracts
- Severance pay is required for termination, the amount depending on the cause
- Just cause refers to wrongdoing by the employer or employee, while authorized cause refers to changing economic or business conditions
- Causes for termination by the employer include serious misconduct, disobedience, neglect, fraud, and other analogous causes
- Just causes for termination by the employee include insult, inhuman treatment, crime, and other analogous causes
Test your knowledge of employment termination under the Philippine Labor Code with this quiz. Explore just and authorized causes for termination, resignation with cause, forced resignation, retirement provisions, and more. This quiz covers the legal aspects and requirements for both employers and employees when it comes to terminating employment contracts in the Philippines.
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