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POST-EMPLOYMENT
TITLE I
TERMINATION OF EMPLOYMENT
[PART 1. INTRODUCTION: EMPLOYEES
SECURITY OF TENURE]
ART. 292. COVERAGE
The provision of this Title shall apply to all
establishments or undertakings, whether for
profit or not.
ART. 293. 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
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.
1. CONSTIITUTIONAL GUARANTY OF TENURE
The policy of the state is to assure the right of workers
to security of tenure. The guaranty is an act of social
justice.
1.1 Non-regular employees
Security of tenure the right not to be removed
from ones job without valid cause valid procedure
is so fundamental it extends to regular
(permanent) as well as non-regular (temporary)
employment.
In short, there is security of tenure for a limited
period and security of tenure for an unlimited
period.
2. TENURE OF MANAGERIAL EMPLOYEES
Employers are allowed a wider latitude of discretion in
terminating the employment of managerial personnel
or those who, while not similar of rank, perform
functions which by their nature of require the
employers full trust and confidence. This should be
distinguished from the case of ordinary rank-and-file
employees, whose termination on the basis of same
grounds require a higher proof of involvement in the
events in question. Mere uncorroborated assertions
and accusations by the employer will not suffice.
But while a managerial employee may be dismissed
merely on the ground of loss of confidence, the matter
of determining whether the cause for dismissing an
employee is justified on ground of loss of confidence,
cannot be left entirely to the employer.
2.1 Even managerial employees are entitled
to security of tenure
While an employer has its own interests to protect,
and pursuant thereto, it may terminate a
managerial employee for a just cause, such
prerogative to dismiss or lay off an employee must
be exercised without abuse of discretion. Its
implementation
should
be
tempered
with
compassion and understanding.