MODULE I: INTRODUCTION TO PHILIPPINE LABOR LAW (DUE PROCESS)

Section 1. No person shall be deprived of life, liberty, or property without due process of law, nor shall any person be denied the equal protection of the laws.
(1987 Philippine Constitution, Article III Bill of Rights)

Topics To Be Discussed
Definition of Due Process Types of Due Process Procedural Due Process Substantive Due Process Security of Tenure Effects of Termination

Due Process
Due

process of law simply means giving opportunity to be heard before judgment is rendered. Due process of law is a law which hears before it condemns, which proceeds upon inquiry and renders judgment only after trial.

(G.R. No. 80587 February 8, 1989 WENPHIL CORPORATION vs. NATIONAL LABOR RELATIONS COMMISSION AND ROBERTO MALLARE)

Two Types of Due Process

Substanti ve

Procedur al

Procedural Due Process

Requires that he can only be dismissed after he has given a reasonable opportunity to be heard. Reasonable opportunity" under the Omnibus Rules means every kind of assistance that management must accord to the employees to enable them to prepare adequately for their defense. This shall include the following;
Written Notice (Notice to Explain) Administrative Hearing Notice of Dismissal or Termination

Substantive Due Process

Mandates that an employee can only be dismissed based on just and authorized causes. JUST CAUSES are the following;
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.

Substantive Due Process

Here are the example of ANALOGOUS CAUSES

Abandonment Gross inefficiency Disloyalty/conflict of interest Dishonesty

An employee who is terminated from employment for a just cause is not entitled to payment of separation benefits.

Substantive Due Process

AUTHORIZED

following;

CAUSES are the

Installation of labor-saving devices Redundancy Retrenchment to prevent losses Closure or cessation of operations Disease

Security of Tenure
Every

employee shall be assured security of tenure. No employee can be dismissed from work except for a just or authorized cause and only after due process. (http://www.blr.dole.gov.ph/ opened Feb. 11, 2009.)

Effects of Termination
JUST CAUSE MATRIX With Just Cause WithDueProcess DismissalLegal WithoutDueProcess Dismissallegal,butemployeeentitledto: 1.Employermustpayindemnity 2.FullBackwages(Serranovs.NLRC) Without Just Cause Dismissal is Illegal and employee entitled to the 1. Separation Pay in lieu of following; reinstatement 2. Backwages 3. Damages and attorneys fees if in bad faith 4. Reinstatement The Dismissal is PERFECTED and the employee is entitled to; 1. Reinstatement 2. Separation pay in lieu of reinstatement 3. Backwages 4. Damages and attorneys fees if in bad faith

Effects of Termination
AUTHORIZED CAUSES MATRIX With Authorized Cause WithDueProcess Legal Dismissal but employee is entitled to: 1.SeparationPay WithoutDueProcess Dismissallegal,butemployee entitledto: 1.SeparationPay 2.FullBackwages(Serranovs.NLRC)

Without Authorized Cause

IllegalDismissal,butemployee IllegalDismissal,butemployee entitledto: entitledto: Reinstatement Reinstatement Separationpayinlieuof Separationpayinlieuofreinstatement reinstatement Backwages Backwages Damagesandattorneysfeesifin Damagesandattorneysfeesifinbadfaith badfaith

DISCIPLINARY DUE PROCESS FLOW

START
e a de mm r o r e pu S t i I i
Prepares Incident Report and NTE, issues the same to the employee Provides Recommendations to HR on the deliberation of the case

eey o p m l E

Provides Written Explanation to Program HR within 48-120 hours (depending on classification of offense)

Validates Incident Report

Accepts Written Explanation and prepares for the resolution of the case

Finalizes decision

IR valid?

Yes

Major or Terminal Offense?

No

Serves Decision Notice to the employee

No
Provides reason/s and explanation as to why the Incident Report was deemed invalid

Yes
Conducts Administrative Hearing together with Program Supervisor Files all documents

e R na m H u

CASE DISMISSED

END

CASE CLOSED

References
http://www.blr.dole.gov.ph/ Azucena, C., The Labor Code with comments and cases. Vol 11, 6th Ed. 2007