What are the just and authorized causes for dismissal?

Answer

Just causes arise from the employee's own fault and are listed in Article 297 of the Labor Code: serious misconduct, wilful disobedience of lawful orders, gross and habitual neglect of duty, fraud or wilful breach of trust, commission of a crime against the employer or his representative, and other analogous causes. A dismissal for a just cause does not carry separation pay.

Authorized causes are business or health grounds not due to employee fault — installation of labor-saving devices, redundancy, retrenchment to prevent losses, and closure (Article 298), and disease (Article 299). Authorized-cause dismissals require written notice to the worker and to the DOLE at least one month in advance, and they carry separation pay.

Sources & further reading

• Labor Code Art. 297 — just causes
• Labor Code Art. 298 — authorized causes
• Labor Code Art. 299 — disease
• Full report: illegal dismissal
• Labor Cases in the Philippines

Cases on this topic

• Celebes Japan Foods Corporation v. Yermo
• Equitable Banking Corporation v. Sadac
• Essencia Q. Manarpiis v. Texan Philippines
• Federito B. Pido v. NLRC
• Heirs of Eleuterio O. Pasague v. Manila North Harbor Port
• Jerry E. Almogera, Jr. v. A & L Fishpond
• Melody Paulino Lopez v. NLRC
• Odfjell Philippines v. Cruz

Related questions

• What is illegal dismissal in the Philippines?
• What can you recover if you were illegally dismissed?
• What is the two-notice rule in dismissal cases?
• Is a reinstatement order executory pending appeal?