Labor Code of the Philippines

## Labor Code of the Philippines (P.D. No. 442, as amended)

### Security of tenure - **Art. 294 (formerly 279).** In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause as defined in this Code or when authorized by this Code. 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 of 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.

### Grounds for termination - **Art. 297 (formerly 282).** Just causes: (a) serious misconduct or willful disobedience; (b) gross and habitual neglect of duties; (c) fraud or willful breach of trust; (d) commission of a crime against the employer or his family; (e) analogous causes. - **Art. 298 (formerly 283).** Authorized causes: installation of labor-saving devices, redundancy, retrenchment to prevent losses, or closure or cessation of operations — with separation pay in cases provided by law. - **Art. 299 (formerly 284).** Disease: termination when continued employment is prohibited by law or prejudicial to the employee's health — with separation pay.

### Due process Under jurisprudence (e.g., King of Kings Transport v. Mamac), termination requires: (1) notice of the charges, (2) an opportunity to be heard/explain, (3) notice of decision.

### Other basics - **Art. 82–87.** Coverage; hours of work (normal workday: 8 hours); **Art. 87.** Overtime pay. - **Art. 91.** Weekly rest day. **Art. 94–96.** Holiday pay, service incentive leave (Art. 95), 13th month pay (P.D. 851). - **Art. 100.** No diminution of benefits (non-diminution rule).