Termination Of Employment Papers

-The employee is entitled to payment of indemnity or nominal damages in a sum of not more than 30,000 pesos in cases of termination for just causes and not more than 50,000 pesos for authorized causes.

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On what grounds may an employee question their dismissal?

-An employee may question their dismissal based on substantive or procedural grounds: Suppose the employer denies dismissing the employee, who has the duty to prove that the dismissal is without valid cause?

-The employee must elaborate, support, or substantiate their complaint that they were dismissed without valid cause.

In cases of illegal dismissal, who has the duty of proving that the dismissal is valid? What is the sanction if the employer failed to observe procedural due process in cases of legal and authorized termination?

In establishments with a collective bargaining agreement (CBA), the dismissal may be questioned through the grievance machinery established under the CBA.

If the complaint is not resolved at this level, it may be submitted to voluntary arbitration.

Philippine laws 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.

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. 285 indicates the just causes for resignation as follows: It should be noted that employees who voluntarily resign from work are not entitled to separation pay.

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