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AllBar 2024LABOR LAW AND SOCIAL LEGISLATIONSVII. POST-EMPLOYMENTA. Termination of Employment by Employer1. Just Causes - Labor Code, Art. 297, DOLE D.O. No. 147-15

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Question

Subject: Termination of Employment by Employer


Topic: Just Causes - Labor Code, Art. 297, DOLE D.O. No. 147-15


A employee filed a complaint for illegal dismissal against his employer, claiming that he was unjustly terminated from his employment. The employer, on the other hand, asserts that the termination was justified based on the following grounds:

1. Serious misconduct;

2. Gross and habitual neglect of duties;

3. Fraud or willful breach of trust;

4. Commission of a crime or offense against the employer, his family, or representative; and

5. Other analogous causes.

As the judge presiding over the case, analyze each ground for termination and determine if the employer's action can be considered a just cause for termination under Philippine labor laws. Cite the relevant provisions of the Labor Code, specifically Art. 297, and DOLE D.O. No. 147-15, to support your analysis.


Answer

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