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Grounds for Termination

termination-from-employmentArticle 282 of the Labor Code of the Philippines plays a pivotal role in defining the grounds for termination of an employee and setting the standards for just causes.


This section outlines the grounds under which an employer can legally dismiss an employee, ensuring fairness and adherence to established rules.


Under Article 282, termination for just causes includes the following:


1. Serious Misconduct:


– Employees engaged in serious misconduct, such as dishonesty, fraud, or willful disobedience, may be justifiably terminated. This provision safeguards employers from individuals who compromise workplace integrity.


2. Willful Disobedience:


– Willful disobedience pertains to the deliberate refusal to comply with lawful orders. Employers have the right to dismiss employees who exhibit insubordination, safeguarding the hierarchy and discipline within the workplace.


3. Gross and Habitual Neglect of Duties:


– Employees who consistently neglect their duties and responsibilities, causing harm to the company, may face termination. This provision ensures that employers can maintain a standard of performance and productivity.


4. Fraud or Willful Breach of Trust:


– Individuals involved in fraudulent activities or those who breach the trust bestowed upon them by their employers can be terminated. This protects employers from financial or reputational harm resulting from dishonest actions.


5. Commission of a Crime:


– If an employee commits a crime while in the workplace, the employer has the right to terminate the employment. This provision aligns with legal standards and upholds the principle of accountability.


It is crucial for employers to adhere to the guidelines outlined in Article 282 to ensure a fair and just work environment. Similarly, employees should be aware of their responsibilities and conduct themselves in a manner consistent with workplace expectations to avoid justifiable grounds for termination.


In summary, Article 282 of the Labor Code of the Philippines serves as a cornerstone in employment relations, outlining the just causes for termination. By establishing clear grounds and standards, this provision contributes to maintaining a balanced and lawful work environment, benefiting both employers and employees.



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