EMPLOYMENT AND SECURITY OF TENURE
PART 1
PRESENTED BY:
JOCELYN ANN S. PAURA
MBA
For the subject: LABOR AND MANAGEMENT RELATION
ARTICLE 279. SECURITY OF TENURE
• In cases of regular employment, the employer shall not terminate the
services of an employee except for a just cause or when authorized by
this Title.
• 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.
( As amended by section 34, Republic Act No. 6715, March 21, 1989)
OBJECTIVE
• TO UNDERSTAND THE BASIC RIGHTS OF WORKER
• TO KNOW THAT EVERY EMPLOYEE SHALL BE
ASSURED OF TENURE
• TO UNDERSTAND THE RIGHT “NOT TO BE
REMOVED ”FROM WORK EXCEPT FOR A JUST OR
AUTHORIZED CAUSE , AND ONLY AFTER DUE
PROCESS
EXCERPT FROM SEC.3 [Link] OF THE 1987
PHILIPPINE CONSTITUTION
• “The state shall afford full protection of labor , local and
overseas, organized and unorganized, and promoted full
employment and equality of employment opportunities for all. It
shall guarantee the rights of all workers to self- organization,
collective bargaining and negotiations, and peaceful concerted
activities, including the right to strike in accordance with law.
They shall be entitled to security of tenure , humane conditions
of work, and a living wage”.
JUST CAUSE ÄUTHORIZED CAUSE
(Any wrong doing committed by an (An economic circumstances not
employee) due to the employee’s fault)
• Serious misconduct • The introduction of labor-saving
• Willful disobedience of employer’s devices
lawful orders connected with work • Redundancy
• Gross and habitual neglect of duty • Retrenchment to prevent losses
• Fraud or willful breach of trust • Closure or cessation of business
• Commission of crime or offense • Disease- must be incurable
against the employer, employer’s within 6 months and continued
family member/s or representative employment is prohibited by law
• Other analogous case or prejudicial to his health and
his co workers.
DUE PROCESS
In cases of just cause involves :
• Notice to employee of intent to dismiss and
grounds for dismissal
• Opportunity for employee to explain his or her
side
• Notice of decision to dismiss
ARTICLE 280. REGULAR AND CASUAL
EMPLOYMENT
• The provisions of written agreement to the contrary notwithstanding and
regardless of the oral agreement of the parties, an employment shall be
deemed to be regular where the employee has been engaged to perform
activities which are usually necessary or desirable in the usual business or
trade of the employer, except where the employment has been fixed for a
specific project or undertaking the completion or termination of which has
been determined at the time of the engagement of the employee or where
the work or service to be performed is seasonal in nature and the
employment is for the duration of the season.
• An employment shall be deemed to be casual if it is not
covered by the preceding paragraph : Provided, that
any employee who has rendered at least one year of
service, whether such service is continuous or broken,
shall be considered regular employee with respect to
the activity in which he is employed and his
employment shall continue while such activity exists.
ARTICLE 281. PROBATIONARY EMPLOYMENT
• Probationary employment shall not exceed six (6) months from the date the
employee started working, unless it is covered by an apprenticeship agreement ,
stipulating a longer period. The services of an employee who has been engaged on a
probationary basis may be terminated for a just cause or when he fails to qualify as
regular employee in accordance with reasonable standards made known by the
employer to the employee at the time of his engagement.
• An employee who is allowed to work after a probationary period
shall be considered a regular employee.
SAMPLE CASE G.R NO.177937.19 JANUARY 2011
• ROBINSON’S GALLERIA /ROBINSON’S SUPERMARKET CORP AND /OR JESS MANUEL
Petitioner , VS. IRENE R. SANCHEZ, Respondent
• THE FACTS:
• Sanchez was a probationary employee of Robinson’s Supermarket Corp for a period of 5
months, or from Oct 15 1997 to March 14, 1998.
• She underwent 6 weeks of training as cashier before she was hired last Oct 15,1997
• She reported loss of Php20,000 to management, Management ordered strip-searched but
yielded nothing.
• Sanchez acknowledged her responsibility and requested that she be allowed to settle and pay
the lost amount. However, petitioner Manuel did not heed to her request and instead reported
the matter to the police.
• Sanchez was jailed for 2 weeks and charged for qualified theft.
• On Nov 25,1997, Sanchez filed a case of illegal dismissal and damages.
• Petitioner sent to respondent by mail a notice of termination and /or notice of expiration of
probationary employment dated March 9, 1998
• Labor Arbiter dismissed complained but ordered reinstatement. NLRC ruled that there
was constructive dismissal and ordered reinstatement and backwages. CA affirmed but
ruled that separation pay would be paid in lieu of reinstatement.
THE ISSUE:
Whether there was illegal dismissal.
THE RULING:
• Yes. Sanchez was not afforded due process. As probationary employee, she could be
dismissed for just cause, authorized cause for failure to meet standards set.
• The due process requirements under the Labor Code are mandatory and and may not be
supplanted by police investigation or court proceedings. Thus, employers are mandated
to
To conduct their own separate investigation, and to accord the employee every opportunity to
Defend himself.
• Respondent was constructively dismissed by petitioner effective October 30, 1997.
It was unreasonable for petitioners to charge her with abandonment for not reporting for work
upon her release in jail.
• As an illegally or constructively dismissed employee, respondent is entitled to :
(1) Either reinstatement, if viable or separation pay, if reinstatement is no longer viable; and
(2) Backwages
THE DECISION:
That petitioner were ordered to pay respondent Irene Sanchez separation pay equivalent to
one (1) month pay and backwages from October 1997 to March 14, 1998
APPRENTICESHIP TRAINING
• Qualification of an Apprentice .
To qualify for an apprentice, a person shall:
1. Be at least fourteen (14) years of age
2. Possess vocational aptitude and capacity for apprenticeship as
established through appropriate tests.
3. Possess the ability to comprehend and follow oral and written
instructions.
APPRENTICESHIP PROGRAM
Actual training of apprentices may be undertaken:
1. In the premises of the sponsoring employer in the case of
individual apprenticeship programs
2. In the premises of one or several designated firms in the case
of programs sponsored by a group or association of employers
or by a civic organization.
3. In the Department of Labor and Employment training center or
other public training institution.
PROBATIONARY PERIOD OF APPRENTICES
• The maximum allowable probationary period which the employer may
stipulate with the prospective apprentice in their apprenticeship agreement
shall be:
1. Four hundred hours or two months for trades or occupations which normally
require a year or more for proficiency
2. Two hundred hours or one month for occupations and jobs which require
more that three months but less than one year for proficiency.
LEARNERSHIP AGREEMENT
• LEARNERS are persons hired as trainees in semi skilled and other industrial
occupations which are non-appreticeable and which may be learned through
practical training on the job in a relatively short period of time which shall not
exceed three months.
• Every learnership agreement shall include:
1. The names and addresses of the learners
2. The duration of the leadership period, which shall not exceed three months
3. The wages or salary rates of the learners which shall begin at not less than
seventy five percent of the applicable minimum wage
4. A commitment to employ the learners, if they so desire, as regular
employees upon completion of learnership.
EMPLOYMENT OF WOMEN
• No employer shall discriminate against any women with respect
to terms and conditions of employment on account of her sex.
• No employer shall require as a condition of employment or
continuation of employment that a woman employee shall not
get married, or to stipulate expressly or tactitly that upon getting
married a woman employee shall be deemed resigned or
separated, or to actually dismiss, discharge discriminately or
otherwise prejudice a woman employee merely by reason of her
marriage.
PROHIBITED ACTS
• It shall be unlawful for an employer:
1. To deny any woman employee the benefits provided for under
the labor code or to discharge any woman employed by him for
the purpose of preventing her from enjoying any of the said
benefits.
2. To discharge such woman on a account of her pregnancy, or
while on leave or in confinement due to her pregnancy
3. To discharge or refuse the admission of such woman upon
returning to her workfor fear that she may again be pregnant.
EMPLOYMENT OF NON RESIDENT ALIENS
• Any alien seeking admission to the Philippines for employment purpose and
any domestic or foreign employer who desires to engage an alien for
employment in the Philippines shall obtain an employment permit from the
Department of Labor and Employment.
• Any non-resident alien who shall take up employment in violation of the
Labor Code and its implementing regulations shall be punished accordingly.
• Any employer employing non-resident foreign nationals on the effective date
of the Labor Code shall submit a list of such nationals to the Secretary of
Labor and Employment within thirty 30 days after such date indicating their
names, citizenship, foreign and local addresses, nature of employment and
status of stay in the country.
SBN 1826: “SECURITY OF TENURE” BILL
• On 22 May 2019, the Senate approved on third and final reading Senate Bill No. 1826,
with amendments. The proposal, known as the “Security of Tenure”, continues to
recognize contractualization arrangements but has tightened the definition of labor-only
contracting (LOC) and clarified ambiguities in existing laws.
KEY FEATURES OF THE APPROVED AND FINAL
VERSION OF SBN 1826:
• The approved version tightened the definition of what constitutes Labor-Only Contracting
(LOC) by changing “and” to “or” in the list of conditions.
• The Senate is proposing to establish tripartite industry councils that will determine roles
that can be contracted out to a job contractor.
• To clarify one of the most contentious points in the discussion, the approved Senate bill
has excluded both Project and Seasonal employees in the treatment of regular workers
• The bill mandates all Contractors to obtain a license from DOLE to engage in job
contracting.
• Finally, SB 1826 imposes a P5,000,000 fine against any Laboronly Contractor. In
addition, it grants the DOLE Secretary power to preventively or permanently close the
operations of any Labor-only Contractor.
END OF REPORT. THANK YOU !
• References:
• Slideshare Security of Tenure
• [Link]
• [Link]
• MBC Congress Watch Report N0. 196
