- Statute
- Labor Code
- Article
- Art. 297
- Topic
- Termination by employer for just causes
- Formerly
- Art. 282
- Year
- 1974
The provision
ARTICLE 282. Termination by employer. An employer may terminate an employment for any of the following causes: Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; Gross and habitual neglect by the employee of his duties; Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and Other causes analogous to the foregoing.
Key points
Article 282 (renumbered Article 297) lists the just causes for which an employer may terminate employment: serious misconduct or wilful disobedience of lawful orders connected with work; gross and habitual neglect of duties; fraud or wilful breach of the trust reposed in the employee; commission of a crime or offense against the employer, the employer's family, or a duly authorized representative; and other analogous causes.
Just-cause dismissals turn on the employee's own fault and require observance of procedural due process (the two-notice rule). The article is read with Article 279 on security of tenure and Article 283 on authorized causes.
Cases applying this article
- Solidbank Corporation v. NLRC G.R. No. 165951