Termination of employment provisions apply to all establishments and undertakings universally, regardless of whether they operate for profit or not.
A bona fide suspension of operations up to six months does not terminate employment, requiring reinstatement without loss of seniority.
Employees terminated due to retrenchment or non-losing business closures receive separation pay of at least one-half month per year served.
Employees resigning without just cause must serve a written notice one month in advance to avoid being liable for damages.
Fulfilling military or civic duty does not terminate employment; employees must be reinstated upon returning within one month of relief.
Regular employment involves tasks necessary to the employer’s usual business, excluding specific project-based or seasonal work engagements.
Employers can terminate employees for just causes like serious misconduct, gross neglect, fraud, or crimes against the employer or their family.
One-half month salary for retirement includes 15 days pay, 1/12 of 13th-month pay, and up to 5 days leave equivalent.
All provisions of a CBA aside from representation must be renegotiated no later than three years after execution.
When must the non-representation provisions of a CBA be renegotiated? Read More »
Courts are generally prohibited from issuing temporary or permanent injunctions or restraining orders in cases involving labor disputes.
Are courts generally allowed to issue injunctions in labor disputes? Read More »
