What is constructive dismissal as a form of illegal dismissal?

CONSTRUCTIVE DISMISSAL is illegal and usually occurs when an employee resigns

as a result of unfavorable work conditions instigated by the employer. It is typically
resorted to by employers who do not want to undergo the procedural due process
involved in legally terminating an employee.
Constructive dismissal is a form of illegal dismissal. Whereas an illegal dismissal is the
result of action by the employer, a constructive dismissal is the result of an action by the
employee who find continued employment impossible, unreasonable, or unlikely, due to
actions or omissions by the employer
What is constructive dismissal in Philippine law?
Constructive dismissal is an involuntary resignation by the employee due to the harsh,
hostile, and unfavorable conditions set by the employer and which arises when a clear
discrimination, insensibility, or disdain by an employer exists and has become
unbearable to the employee.
What is constructive dismissal in labor case?
Constructive dismissal is an involuntary resignation resorted to when continued
employment is rendered impossible, unreasonable or unlikely; or when there is a
demotion in rank and/or a diminution in pay.
Is forced resignation illegal dismissal?
Forced or coerced resignation is illegal and considered “constructive” dismissal or a
dismissal in disguise.
What is the difference between constructive dismissal and illegal dismissal
Philippines?
Whereas an illegal dismissal is the result of action by the employer, a constructive
dismissal is the result of an action by the employee who find continued employment
impossible, unreasonable, or unlikely, due to actions or omissions by the employer.
Article 282 of the Labor Code, an employer can terminate an employee for just
causes, which could be any of the following:
1) serious misconduct or willful disobedience by the employee of the lawful orders of his
employer or representative in connection with his work;
2) gross and habitual neglect by the employee of his duties;
3) fraud or willful breach by the employee of the trust reposed in him by his employer or
duly authorized representatives;
4) 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 similar cause
Employers can also terminate an employee based on authorized causes like business
and health reasons.
ART. 283 OF THE LABOR CODE states that an employee can be terminated due to
business reasons such as installation of labor-saving devices; redundancy;
retrenchment (reduction of costs) to prevent losses; or the closing or cessation of
operation.
For termination of employment based on health reasons, employers are allowed to
terminate employees found suffering from any disease and whose continued
employment is prohibited by law or is prejudicial to his health as well as to the health of
his co-workers
(ART. 284, LABOR CODE). The employer must obtain from a competent public health
authority a certification that the employee’s disease is of such a nature and at such a
stage that it can no longer be cured within a period of six (6) months even with medical
attention.
VOLUNTARY RESIGNATION is the type of termination strengthened by the provisions
of Art. 285 of the Labor Code which recognizes two kinds of termination an employee
can initiate – without just cause and with just cause.
IF THE RESIGNATION IS WITHOUT JUST CAUSE, the employee must give a one (1)
month advance written notice for resignation (commonly referred to as a “resignation
letter”) to the employer to enable them to look for a replacement and prevent work
disruption. If the employee fails to provide a resignation letter, he or she runs the risk of
incurring liability for damages.
IF THE RESIGNATION IS WITH JUST CAUSE, however, the employee need not serve
a resignation notice. Art. 285 indicates the just causes for resignation as follows:
1. serious insult to the honor and person of the employee;
2. inhuman and unbearable treatment accorded the employee by the employer or
his representative;
3. crime committed against the person of the employee or any immediate members
of the employee’s family; and
4. other similar causes.
It should be noted that employees who voluntarily resign from work are not entitled to
separation pay. The Labor Code only grant separation pay to those who were dismissed
from service not due to their own fault or negligence but for reasons that are beyond
their control, i.e. business closure, cessation of operation, retrenchment (reduction of
costs) to prevent losses, etc.
However, there are at least two cases where employees who resign voluntarily may be
entitled to separation pay, and they are as follows:
1. when payment of separation pay is provided in the employment contract or
Collective Bargaining Agreement (CBA, for companies with existing bargaining
agent or labor union); and
2. when it is authorized by established company practice or policy.

Due process in the context of employment termination is the right of an employee to be

notified of the reason for his or her dismissal and, in case of just causes, to be provided
the opportunity to defend himself or herself.

What are the 5 reasons for dismissal?

The “causes” that are grounds for dismissal run the gamut including: illegal activity such
as stealing or revealing trade secrets, dishonesty, breaking company rules, harassing or
disrupting other workers, insubordination, excessive unexcused absences, and poor job
performance by some objective measure.

What are the 4 authorized causes for terminating employment?

Jurisprudence and elements of just causes of employment termination:
Serious misconduct.
Willful disobedience.
Gross and habitual negligence.
Fraud.
Willful breach of trust and confidence.
Commission of crime or offense.
Other causes analogous.

No separation pay
Resigning employees are not entitled to separation pay, which is due only for authorized
cause separation.
Is voluntary resignation entitled to separation pay?
Employees who resigned are not entitled to separation pay as they themselves decided
to leave their employment.

Section 20. mandatory insurance coverage - it shall be the responsibility of private

security agency/company guard forces operators/owners to ensure that all posted
security personnel under their employ shall be covered with adequate insurance. in
case of death of any security personnel monetary benefits may be granted to his
dependents/beneficiaries by the psa concerned. explain?
Section 20 of the Industrial Security Concept requires private security agencies or
companies to provide adequate insurance coverage for their security personnel. This
means that the operators or owners of the security agency must ensure that all of their
security personnel are covered by insurance.

In case of the death of any security personnel, the private security agency concerned
must provide monetary benefits to the dependents or beneficiaries of the deceased
personnel. This is to ensure that the families of the security personnel who have lost
their lives in the line of duty are taken care of financially.

The purpose of this provision is to ensure that private security agencies are responsible
for the welfare of their employees. By providing insurance coverage, the agency can
provide a safety net for their employees and their families. This also helps to ensure that
the security personnel are motivated to perform their duties with dedication and
commitment, knowing that their welfare is being taken care of by their employer.

This provision is important for the protection and welfare of private security personnel
and their families, and it helps to ensure that private security agencies are held
accountable for the safety and well-being of their employees.