What is illegal dismissal in the Philippines?

Answer

Illegal dismissal happens when an employer ends the employment of a regular employee without a valid cause or without observing due process. Under Article 294 of the Labor Code (formerly Article 279), a regular employee enjoys security of tenure and may be dismissed only for a just cause (employee fault) or an authorized cause (a business or health ground), and only after the required notice and opportunity to be heard.

A dismissal that lacks a valid cause, or that skips the two-notice due-process requirement, is illegal. An employee who is illegally dismissed is generally entitled to reinstatement without loss of seniority and to full backwages from the time pay was withheld until actual reinstatement.

Sources & further reading

• Labor Code Art. 294 — security of tenure
• Labor Code Art. 297 — just causes
• Full report: illegal dismissal

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 are the just and authorized causes for dismissal?
• 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?