What are the consequences for an employer who unjustly dismisses an employee with regular employment status?

What are the consequences for an employer who unjustly dismisses an employee with regular employment status?

An employee enjoying regular employment status is protected by security of tenure and cannot be dismissed without a just or authorized cause. If an employer unjustly dismisses such an employee, the law mandates severe corrective measures. The unjustly dismissed employee shall be entitled to immediate reinstatement without any loss of their seniority rights or other privileges. Furthermore, the employee must be paid their full backwages, inclusive of allowances and other benefits, computed from the time compensation was withheld until actual reinstatement. This fundamental worker protection is found in Article 294 Labor Code of the Philippines. “ART. 294. Security of Tenure.252 – 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.” 02-Jun-26

About Nicolas and De Vega Law Offices

 Nicolas and De Vega Law Offices is a full-service law firm in the Philippines.  You may visit us at the 16th Flr., Suite 1607 AIC Burgundy Empire Tower, ADB Ave., Ortigas Center, 1605 Pasig City, Metro Manila, Philippines.  You may also call us at +632 84706126, +632 84706130, +632 84016392 or e-mail us at [email protected]. Visit our website https://ndvlaw.com/.

 

SEARCH