Question

An employer issued a company policy banning the use of mobile phones during working hours. The policy explicitly states that employees are not allowed to use their mobile phones for personal purposes while on duty. Violation of this policy may result in disciplinary action, including termination of employment.

One of the employees, John, was caught using his mobile phone to make a personal call during office hours. He was subsequently terminated from his employment based on the violation of the company policy.

John believes that the company policy is an example of a mandatory law and argues that his termination is justified. On the other hand, the labor union argues that the company policy is a prohibitory law, and as such, it cannot be the basis for John's termination.

Based on the given scenario, discuss whether the company policy banning the use of mobile phones during working hours is considered a mandatory law or a prohibitory law under Article 5 of the Civil Code of the Philippines. Explain the effect and application of the applicable law in determining the validity of John's termination from employment.