Terminate a Managerial Employee for Loss of Trust: PH Employer Guide
A manager can be dismissed for loss of trust on a reasonable basis, but only for a willful act backed by clear facts. Managerial standard, evidence and twin-notice steps.
A manager can be dismissed for loss of trust on a reasonable basis, but only for a willful act backed by clear facts. Managerial standard, evidence and twin-notice steps.
A step-by-step employer guide to lawfully terminating an employee in the Philippines: choosing between just cause and authorized cause, running the twin-notice process or the 30-day DOLE notice, computing separation pay, and avoiding the procedural mistakes that trigger nominal damages.
When Philippine employers can dismiss a factory worker for theft of company property: which Article 297 ground to charge, proportionality, gate-search evidence and due process.
No labor law requires an NBI clearance, but most employers do. What a hit means, how the NBI clears it, and when a record can lawfully cost you a job.
A BPO agent who goes no call, no show has not automatically resigned. Here is the abandonment test, the WFM and return-to-work evidence HR needs, and the twin-notice steps before dismissing an AWOL agent.
When a construction worker refuses to wear a hard hat, harness or safety shoes, dismissal for willful disobedience is possible only if PPE was issued free, the rule was known, and the twin-notice rule is followed.
Repeated late logins can justify dismissing a BPO or call center agent only when the tardiness is gross and habitual. Here is the WFM evidence to keep, the pay rules on late logins, and the twin-notice steps HR must follow.
Loss of trust and confidence is a valid just cause under Article 297(c) of the Labor Code only for managerial and fiduciary rank-and-file employees, and only with a genuine, work-related act proven to the right evidentiary standard. This guide covers the two-requisite test, the two classes of trust positions, Supreme Court cases, and the due process every dismissal still requires.
Philippine labor law requires disciplinary action to rest on a valid, communicated company rule, follow the twin-notice due process rule, and impose a penalty proportionate to the offense. This guide covers the legal test, the proportionality doctrine from Supreme Court cases like Sagales and Malcaba, and what employees and employers should do when discipline is on the table.
No Philippine law bans a private-sector employee from holding a second job, but an employer can adopt a reasonable, clearly communicated policy restricting outside work that creates a real conflict of interest. This guide covers what makes a moonlighting policy valid, how government-employee rules differ, and what two Supreme Court cases say about enforcing it.