JUST CAUSES

What are the just causes under the Labor Code? The just causes in the Labor Code are found in the following provisions thereof: (1) Article 297 [282] - (Termination by the Employer) which provides for the following grounds: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; (b) Gross and habitual neglect by the employee of his duties; (c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; (d) 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 (e) Other causes analogous to the foregoing. (2) Article 279(a) [264(a)] - (Prohibited Activities) which provides for the termination of the following: (a) Union officers who knowingly participate in an illegal strike and therefore deemed to have lost their employment status. (b) Any employee, union officer or ordinary member who knowingly participates in the commission of illegal acts during a strike (irrespective of whether the strike is legal or illegal), is also deemed to have lost his employment status. (3) Article 278(g) [263(g)] - (National Interest Cases) where strikers who violate orders, prohibitions and/or injunctions as are issued by the DOLE Secretary or the NLRC, may be imposed immediate disciplinary action, including dismissal or loss of employment status. (4) Article 259(e) [248(e)] - (Union Security Clause) where violation of the union security agreement in the CBA may result in termination of employment. Under this clause, the bargaining union can demand from the employer the dismissal of an employee who commits a breach of union security arrangement, such as failure to join the union or to maintain his membership in good standing therein. The same union can also demand the dismissal of a member who commits an act of disloyalty against it, such as when the member organizes a rival union.