The provision
ARTICLE 279. Security of tenure. In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (As amended by Section 34, Republic Act No. 6715, March 21, 1989)
Key points
Article 279 (renumbered Article 294 in the 2015 codal renumbering) states the rule of security of tenure. In regular employment, the employer may not terminate an employee except for a just cause or an authorized cause under the Title on termination.
An employee who is unjustly dismissed is entitled to reinstatement without loss of seniority rights, and to full backwages and other benefits computed from the time compensation was withheld up to actual reinstatement. The provision is the basis of illegal-dismissal relief and is read with Articles 282–284 on just and authorized causes.
Cases applying this article
- Dario Nacar v. Gallery Frames G.R. No. 189871
- Session Delights Ice Cream and Fast Foods v. Court of Appeals G.R. No. 172149