BOOK6, TITLE 1

TERMINATION OF EMPLOYMENT
Art. 278. Coverage.
The provisions of this Title shall apply to all establishments or undertakings, whether for
profit or not.
Art. 279. Security of tenure.
In cases of regular employment, the employer shall not terminate the services of an
employee except for:
1. a just cause or
2. when authorized by this Title.
An employee who is unjustly dismissed from work shall be entitled to:
1. reinstatement without loss of seniority rights and other privileges and
2. to his full backwages, inclusive of allowances, and
3. 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)
Art. 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:
1. 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:
A. the employment has been fixed for a specific project or undertaking the
completion or
B. 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.
2. 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 a regular
employee with respect to the activity in which he is employed and his
employment shall continue while such activity exists.
Art. 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 :
1. a just cause or
2. when he fails to qualify as a 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.











SECURITY OF TENURE
1. Security of tenure means that the employer shall not terminate the services of an
employee except for just and authorized causes.
2. Applies only to regular employees
3. This is guaranteed in Constitution as an act of social justice in consideration of
the property rights of an employee
4. This is a right which may not be denied on mere speculation only, there must be
basis for a valid termination.
VALID GROUNDS FOR TERMINATION:
1. JUST CAUSES (ART. 280)
1. Serious Misconduct or Willful Disobedience to a Lawful Order
2. Gross or Habitual Neglect
3. Fraud or willful breach of trust
4. Commission of a crime
5. Other Analogous Causes
a. violation of Code of Discipline
b. violation of Safety Rules
c. Gross Inefficiency
d. Wrongful Acts
2. AUTHORIZED CAUSES (ART. 283)
1. Labor-saving devices
2. Redundancy
3. Retrenchment
4. Closure of business


RIGHTS OF EMPLOYEE IN AN UNJUST DISMISSAL
A. This presupposes existence of an EE - ER Relationship.
B. Both rights are not necessarily given or awarded.
1. REINSTATEMENT
Reinstatement is the order to return or restore to the employee to the previous
position from which he was removed, and under same terms and conditions.
2. FULL BACKWAGES
Refers to the monetary considerations and starts from the time it was withheld up
to the actual reinstatement.
It is awarded due to the illegality of the dismissal.
There must be no deduction
SEPARATION PAY
Awarded in cases where reinstatement is no longer possible.
May not be awarded if the dismissal was for a just cause.
GROUNDS WHEREIN SEPARATION IS MADE IN LIEU OF REINSTATEMENT:
1. Strained Relationship
2. Litigation has taken too long
3. If reinstatement is not for the best interest of the parties
4. Reinstatement is inimical to the interest of the parties
5. The trust and confidence in their relationship has been strained.
CASES WHEREIN REINSTATEMENT IS NOT POSSIBLE
1. Dismissal is valid
2. Laches or prescription has already attached to the right
3. Failure on part of employee to exert due diligence
4. Voluntary resignation
5. The EE - ER relationship is strained
6. Closure of business
7. Business has transferred or was sold to an innocent buyer in good faith and for
value
8. Any acts made by the State under their police powers
9. Prescription to file for illegal dismissal has lapsed (4 years)
10. Employee is convicted of a crime
11. Employee is overaged.

CIRCUMSTANCES WHICH DO NOT BAR FULL BACKWAGES
1. The termination was without cause
2. Relationship has been strained
DAMAGES
May be awarded if the dismissal was:
1. Illegal, and
2. Made in bad faith (oppresive to labor, malicious...)
Damages given in form of moral and exemplary or moral only.
TYPE OF EMPLOYEES:
1. REGULAR EMPLOYEES
1. Employees whose work is USUAL, DESIRABLE and NECESSARY.
2. If it is not usual, desirable or necessary, PROVIDED HE HAS BEEN IN
SERVICE FOR AT LEAST 1 YEAR, regardless if service was continuous
or broken.
Only this type of employee has SECURITY OF TENURE



2. CASUAL EMPLOYEES
1. Employees whose work or service is not usual, desirable and necessary,
Except if they have been in service for more than 1 year, regardless if
continuous or broken.
3. PROJECT EMPLOYEES
Their employment is co-terminous with the project.
The project must be specific
There duration must have a pre-determined period (day certain rule)
They may become a REGULAR EMPLOYEE if they are retain or continue to be
employed after the project has been accomplished or if they have successively
been employed in other projects entered into by the employer.
4 PROBATIONARY
Also known as trial period employment, their employment arises out of a contract
or agreement.
Their service must not be in excess of 6 months, otherwise they are deemed to
be regular employees. An exception is made if the employment is in the nature of
an apprentice.
This is deemed a testing period for both parties, and management has right or
prerogative to dismiss employee within such period.
A probationary may be dismissed anytime during the probationary period if he
does not meet the reasonable standard set by employer. In such cases due
process must still be observed (informing employee that he does not meet
standards set)
In the spirit of liberality of the employer, a probation period may be extended
provided such extension is made known and explained to the employee.
If the employee is still employed on the day after the last day of the 6th month, he
is deemed a regular employee.
The period is counted as 180 days.


5. SEASONAL EMPLOYEES
They are not deemed regular employees. However, they may become regular
employees if they have been repeatedly hired by the employer every season for
a long period of time.
During the off season, they are deemed to be on leave.





















RELATED CASES:
1. FULL BACKWAGES DISMISSAL WAS ILLEGAL:
A. MERCURY DRUG DOCTRINE
1. Earnings made elsewhere were deducted from the backwages, and
2. backwages were generally limited to 3 years only.
B. PINE CITY VS NLRC (1993)
In relation to the Herrera Law (RA 6715), the backwages awarded to the
employee who is illegally dismissed is subjected to the deduction of income
earned or income when they were gainfully employed elsewhere during the
period wherein said employee was dismissed.
C. BUSTAMANTE VS NLRC (19960
Supercedes Pine City ruling wherein Court stated that award of backwages must
be made in full, without any deduction of earnings earned elsewhere.
2. REMEDIES IF DISMISSAL WAS VALID (JUST OR AUTHORISED CAUSE):
A. BUENVIAJE V NLRC
In cases wherein the dismissal is deemed valid and legal (abandonment), only
separation pay and proportionate 13th month pay may be awarded.
RA 6715 (HERRERA LAW)
Employees illegally dismissed were entitled to either:
1. FULL BACKWAGES, inclusive of allowances and other benefits which
shall be computed from time it was withheld up to time of actual
reinstatement.
2. If reinstatement not possible, full backwages are to be computed from time
of illegal dismissal up to finality of decision.
3. PENALTIES OF FAILURE TO OBSERVE DUE PROCESS:
A. WENPHIL DOCTRINE
In cases where the termination was just and valid, but there was failure on part of
the employer to observe due process:
1. The dismissal is still valid,
2. Employee is entitled to damages by way of indemnification for the violation
of the right (Range of fine : P 1,000 - P 10,000) .
B. SERRANO VS NLRC
The ruling in this case abandoned the previous ruling in the case of Wenphil and
decided that:
1. Dismissal is ineffectual
2. Employee is entitled to Full Backwages.
3. Reinstatement or separation pay
4. Moral and nominal damages
C. AGABON VS NLRC
The ruling reverts to the Wenphil doctrine with modification to folllowing effect:
1. Dismissal is valid
2. Indemnification of moral and nominal damages imposed is stiffer

RELATED PROVISIONS
1. REQUIREMENTS FOR A DISMISSAL
To dismiss an employee, the law requires not only the existence of a just and
valid cause but also enjoins the employer to give the employee the opportunity to
be heard and to defend himself.
Article 282 of the Labor Code enumerates the just causes for termination by the
employer:
(a) serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or the latters representative in connection with the employees
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 his 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
representative; and
(e) other causes analogous to the foregoing.

2. ABANDONMENT
Abandonment is the deliberate and unjustified refusal of an employee to resume
his employment.
It is a form of neglect of duty, hence, a just cause for termination of employment
by the employer.
For a valid finding of abandonment, these two factors should be present:
(1) the failure to report for work or absence without valid or justifiable reason; and
(2) a clear intention to sever employer-employee relationship, with the second as
the more determinative factor which is manifested by overt acts from which it
may be deduced that the employees has no more intention to work.
The intent to discontinue the employment must be shown by clear proof that it
was deliberate and unjustified.

3. PROCEDURES FOR TERMINATION
The procedure for terminating an employee is found in Book VI, Rule I, Section 2(d)
of the Omnibus Rules Implementing the Labor Code:
Standards of due process: requirements of notice.
In all cases of termination of employment, the following standards of due process shall
be substantially observed:
I. For termination of employment based on just causes as defined in Article 282 of
the Code:
(a) A written notice served on the employee specifying the ground or grounds for
termination, and giving to said employee reasonable opportunity within which to
explain his side;
(b) A hearing or conference during which the employee concerned, with the
assistance of counsel if the employee so desires, is given opportunity to respond
to the charge, present his evidence or rebut the evidence presented against him;
and
(c) A written notice of termination served on the employee indicating that upon due
consideration of all the circumstances, grounds have been established to justify
his termination.
In case of termination, the foregoing notices shall be served on the employees
last known address.

4. DISMISSAL ON JUST CAUSES
Dismissals based on just causes contemplate acts or omissions attributable to
the employee while dismissals based on authorized causes involve grounds
under the Labor Code which allow the employer to terminate employees

5. DISMISSAL ON AUTHORISED CAUSES
A termination for an authorized cause requires payment of separation pay.
When the termination of employment is declared illegal, reinstatement and full
backwages are mandated under Article 279.
If reinstatement is no longer possible where the dismissal was unjust, separation
pay may be granted.
Procedurally,
(1) if the dismissal is based on a just cause under Article 282, the employer must
give the employee two written notices and a hearing or opportunity to be heard if
requested by the employee before terminating the employment:
a. a notice specifying the grounds for which dismissal is sought
b. a hearing or an opportunity to be heard and
c. after hearing or opportunity to be heard, a notice of the decision to
dismiss;
and
(2) if the dismissal is based on authorized causes under Articles 283 and 284, the
employer must give the employee and the Department of Labor and Employment
written notices 30 days prior to the effectivity of his separation.
From the foregoing rules four possible situations may be derived:
(1) the dismissal is for a just cause under Article 282 of the Labor Code, for an
authorized cause under Article 283, or for health reasons under Article 284, and
due process was observed;
(2) the dismissal is without just or authorized cause but due process was observed;
(3) the dismissal is without just or authorized cause and there was no due process;
and
(4) the dismissal is for just or authorized cause but due process was not observed.

6. FAILURE TO OBSERVE DUE PROCESS
However, the EMPLOYER must nevertheless be held to account for failure to
extend to EMPLOYEE his right to an investigation before causing his dismissal.
The dismissal of an employee must be for just or authorized cause and after due
process.
If an employer committed an infraction of the second requirement, it must be
imposed a sanction for its failure to give a formal notice and conduct an
investigation as required by law before dismissing petitioner from employment.








Art. 282. Termination by employer.
An employer may terminate an employment for any of the following causes:
1. Serious misconduct or willful disobedience by the employee of the lawful orders
of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative
4. 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
5. Other causes analogous to the foregoing.
Art. 283. Closure of establishment and reduction of personnel.

The employer may also terminate the employment of any employee due to :

1. the installation of labor-saving devices,

2. redundancy,

3. retrenchment to prevent losses or

4. the closing or cessation of operation of the establishment or undertaking unless
the closing is for the purpose of circumventing the provisions of this Title,

by serving a written notice on:

1. the workers and

2. the Ministry of Labor and Employment (DOLE)

at least 1 month before the intended date thereof.








In case of

1. termination due to the installation of labor-saving devices or

2. redundancy,

the worker affected thereby shall be entitled to a separation pay equivalent to at
least his one (1) month pay or to at least one (1) month pay for every year of
service, whichever is higher.

In case of :

1. retrenchment to prevent losses and

2. closures or cessation of operations of establishment or undertaking not due to
serious business losses or financial reverses,

the separation pay shall be equivalent to one (1) month pay or at least one-half
(1/2) month pay for every year of service, whichever is higher.

A fraction of at least six (6) months shall be considered one (1) whole year.

Art. 284. Disease as ground for termination.

An employer may terminate the services of an employee who :

1. has been found to be suffering from any disease and whose continued
employment is prohibited by law or

2. is prejudicial to his health as well as to the health of his co-employees:

Provided, That he is paid separation pay equivalent to :

A. at least one (1) month salary or

B. to one-half (1/2) month salary for every year of service,

whichever is greater,
a fraction of at least 6 months being considered as one 1 whole year.







Art. 285. Termination by employee.

a. An employee may terminate without just cause the employee-employer
relationship by serving a written notice on the employer at least 1 month in
advance.

The employer upon whom no such notice was served may hold the employee
liable for damages.

b. An employee may put an end to the relationship without serving any notice on
the employer for any of the following just causes:

1. Serious insult by the employer or his representative on the honor and person of
the employee;

2. Inhuman and unbearable treatment accorded the employee by the employer or
his representative;

3. Commission of a crime or offense by the employer or his representative against
the person of the employee or any of the immediate members of his family; and

4. Other causes analogous to any of the foregoing.



Art. 286. When employment not deemed terminated.

1. The bona-fide suspension of the operation of a business or undertaking for a
period not exceeding six (6) months, or

2. the fulfillment by the employee of a military or civic duty

shall not terminate employment.

In all such cases, the employer shall reinstate the employee to his former
position without loss of seniority rights if he indicates his desire to resume his
work not later than one (1) month from the resumption of operations of his
employer or from his relief from the military or civic duty.





JUST CAUSES:
The employers right to freely select or dismiss employees is subject to the regutation of
the state in exercise of its police powers.
1. SERIOUS MISCONDUCT
Improper or wrong conduct. It refers to the violation of an established Rule of
action.
It must be serious and connected to the work of the employee.
The employer may dismiss the employee if he has reasonable grounds to
believe, or a moral certainty, that the employee is liable for the misconduct.
A. IMMORALITY
As a general rule, immorality of an employee does not justify a dismissal
except if the conduct is prejudicial or detrimental to the business or
interest of the employer.
It must be supported by substantial evidence to support a dismissal, and
the burden of proof rest with the employer.
B. SEXUAL HARASSMENT
It is a valid ground for dismissal especially if it is made by an employee
who has moral ascendancy over the victim.
C. IMMORAL CONDUCTS
These refer to the conduct which is willful, flagrant or shameless as to
show an indifference to the opinion of good and respectable members of
the community.
If the act is proved to be grossly immoral, then it is a valid dismissal.
D. MARRIED TO A CO-EMPLOYEE
It is not a valid ground even if expressed as a company policy except if
proved by employer to be discriminatory or prejudicial to the legitimate
business concern of the employer.


2. WILLFUL DISOBEDIENCE
The order must be:
1. Reasonable and lawful
2. Sufficiently known to the employee
3. Disobedience was in connection to his duties
ELEMENTS OF DISOBEDIENCE:
1. The employee's attitude to the order was wrongful,
2. The order must be lawful, known to the employee and in relation to
his duties
A. ORDER OF TRANSFER
Management has the right to transfer or reassign employees except if
such transfers were coupled with improper motive, or made to punish
employee.
The demotion of an employee and his transfer to another place of work on
grounds of his failure to observe proper diligence, or tardiness, does not
constitute dismissal.
B. INVALID TRANSFERS
It is deemed invalid if made to rid of an undesirable employee or made as
penalty for union activities.
It cannot be deemed invalid if there is no showing that it was unnecessary,
incovenient or prejudicial to the employee.
C. CHANGE IN POSITION AND WORK
It is a valid prerogative if it was:
1. reasonable, convenient and not prejudicial to the employee, and
2. it did not involve the deminution of salary, privileges and other
benefits
In such case, a violation is deemed a just cause.

D. TRANSFER WITH PROMOTION
A transfer cannot be enforced if it is coupled with a promotion and the
promotion is rejected by the employee.
The acceptance of a promotion is a matter of right of an employee and if
he so declines the promotion, he should not be punished for it.
The non-acceptance is not insubordination.
TRANSFER
A movement from one position to another but of same and equal rank or level
PROMOTION
An advancement from one position to another with an increase in duties and
responsibilities as well as salary.

3. NEGLECT OF DUTIES
It must be gross and habitual.
Covers:
A. Abandonment
There is intent to discontinue one's employment without any intention of
returning back to work.
ELEMENTS OF ABANDONMENT:
1. Failure to report to work without a valid or justified reason
2. There is clear intention to severe relations
In cases where the employee files a complaint for illegal dismissal with a
prayer for reinstatement, there is no abandonment of work. However, the
rule is based on circumstances of the case.
B. TARDINESS AND ABSENTEEISM
This constitutes a neglect of duty.

4. LOSS OF CONFIDENCE
This refers to fraud or willful breach by the employee of the trust reposed to him
by the employer or duly authorised representative.
Includes:
1. Falsification of time cards
2. Theft of Company Property
3. Loss of Confidence
The act must be related to the performance of the duties of the employee
and it must be shown that the employee was unfit to continue working for
the employer.
4. Conflict of interest
POSITION OF TRUST
This ground applies only to the following employees:
1. Employees occupying positions of trust and confidence
2. Employees routinely charged with the care and custody of the employer's
money or property.
5. COMMISSION OF A CRIME OR OFFENSE
A conviction is not a requisite for the dismissal, it being sufficient that a crime or
offense has been committed against the employer.








AUTHORIZED CAUSES
The acts contained in Article 283 and 284 are not exclusive. A valid dismissal can also
be made under following grounds:
1. Total and permanent disability
2. Diseases not curable within 6 months
3. Valid application of a union security clause
4. Expiration of the term of an employment
5. Completion of a project
6. Failure to meet probationary standards
7. Defiance of return to work order
8. Illegal acts made in a strike
9. Closure or relocation of business

SEPARATION PAY AN BACKWAGES
1. UNJUST DISMISSAL
reinstatement and backwages
2. AUTHORIZED CAUSES
separation pay.







1. REDUNDANCY
Occurs when the services of an employee are in excess of what is reasonably
demanded by the actual requirement of the business.
A case of redundancy does not need that the business of the employer be in
financial distress.
Due Process Conditions required;
1. Written notice to employee 1 month before actual dismissal
2. Written notice to DOLE 1 month before actual dismissal

2. REPLACEMENT BY INDEPENDENT CONTRACTORS
This is a valid exercise provided it is made in good faith and reasonable and valid
grounds. It becomes illegal only if proven to have been made maliciously and
arbitrarily.

3. RETRENCHMENT
This is a ground and a right given to employers in dismissing an employee to
avoid or minimize business losses.
The employer bears the burden of proving his allegations of business or
economic losses.
It may be permanent or temporary (Art 286 on Constructive Dismissal)
Retrenchment is caused by:
1. lack of work
2. business recession.
3. fire which destroys the business center or similar supervening events
4. conservatorship



REQUISITES OF A VALID RETRENCHMENT
1. it is necessary to prevent or minimize losses
2. written notice given to employee and DOLE at least a month before the
intended date of retrenchment
3. payment of separation pay.
4. retrenchment made in good faith
5. a fair and reasonable criteria is used in ascertaining who will be
retrenched.
STANDARDS OF RETRENCHMENT
1. Retrenchment is adopted to prevent losses
2. Losses must be substantial and imminent and the retrenchment must be
reasonably necessary
3. Losses are determined by the LA and the NLRC
CLOSURE OF BUSINESS
Refers to the reversal of fortune of the employer wherein there is a complete
cessation of business.
Employer mandated to be sufficiently proven, otherwise the dismissal is illegal.
A temporary closure is not a valid ground for dismissal and neither is a merger.
Caused by the following valid acts:
1. Cancellation of a franchise
2. Business decline and losses
3. Closure upon exercise of an employer's right
4. Partial closure
5. bona fide sale of business made in good faith
6. expiration of lease

ELEMENTS OF CLOSURE NOT DUE TO BUSINESS LOSSES
1. Written notice to employee and DOLE at least 1 month before closure.
2. Closure must be bona fide in nature
3. Payment of separation pay of at least 1/2 month for every year of service or 1
month, whichever is higher.





















RELATED CASES:
1. ASIAN ALCOHOL VS NLRC
Retrenchment and redundancy are just causes for the employer to terminate the
services of workers to preserve the viability of the business.
In exercising its right, however, management must faithfully comply with the
substantive and procedural requirements laid down law and jurisprudence.
It may be undertaken by the employer before losses are actually sustained.
CONDITIONS OF RETRENCHMENT:
1. The retrenchment must be reasonable necessary and is likely to
prevent business losses.
2. Employer serves written notice at least 1 month before date of
retrenchment to the employee and to the DOLE
3. Employer pays a separation pay equal to 1 month pay or at least
1/2 month pay for every year of service, whichever is higher.
4. The retrenchment must be in good faith
5. A fair and reasonable criteria was used i determining which
employee shall be retrenched.
CONDITIONS FOR REDUNDANCY:
1. Written notice served tothe employees and DOLE least 1 month
prior to the intended date of retrenchment;

2. Payment of separation pay equivalent to at least 1 month pay or
at least 1 month pay for every year of service, whichever is
higher;
3.` Good faith in abolishing the redundant positions;
4. A fair and reasonable criteria in ascertaining what positions are
to be declared redundant and accordingly abolished.

The condition of business losses is normally shown by audited financial
documents like yearly balance sheets and profit and loss statements as well as
annual income tax returns.
The reduction of the number of workers in a company made necessary by the
introduction of an independent contractor is justified when the latter is undertaken
in order to effectuate more economic and efficient methods of production.

2. TAYTUNG CASE
In termination cases, the burden of proving just and valid cause for dismissing an
employee rests on the employer and his failure to do so would result in a finding
that the dismissal is unjustified.
To constitute immorality, the circumstances of each particular case must be
holistically considered and evaluated in the light of prevailing norms of conduct
and the applicable law.

3. JAKA VS PACOT
SEPARATION PAY
As a general rule in all cases of business closure or cessation of operation or
undertaking of the employer, the affected employee is entitled to separation pay.
This is consistent with the state policy of treating labor as a primary social
economic force, affording full protection to its rights as well as its welfare.
The exception is when the closure of business or cessation of operations
is due to serious business losses or financial reverses; duly proved, in
which case, the right of affected employees to separation pay is lost for
obvious reasons.



4. SEBUGUERO VS NLRC
CONSTRUCTIVE DISMISSAL.
While there is a valid reason for the temporary lay-off, the same is also limited
to a duration of six months. Thereafter the employees are entitled under Art.
286 to be recalled back to work.
They are also entitled to backwages . And since reinstatement is impossible (due
to antagonism and hostility), a separation pay of 1/2 month for every year of
service is made in lieu of it.
RULE IN CASES OF TEMPORARY RETRENCHMENT
There is no specific provision of law which treats of a temporary retrenchment or
lay-off and provides for the requisites in effecting it or a period or duration
therefor.
These employees cannot forever be temporarily laid-off and to remedy this
situation or fill the hiatus, Article 286 may be applied but only by analogy to set a
specific period that employees may remain temporarily laid-off or in floating
status.

Six months is the period set by law that the operation of a business or
undertaking may be suspended thereby suspending the employment of the
employees concerned. The temporary lay-off wherein theemployees likewise
cease to work should also not last longer than six months.
After six months, the employees should either be recalled to work or
permanently retrenched following the requirements of the law, and that failing to
comply with this would be tantamount to dismissing the employees and the
employer would thus be liable for such dismissal.
5. ZAMBOANGA VS BARTOLOME
The fact that the theft case against Bartolome was dismissed would not preclude
his removal since the conviction of an employee in a criminal case is not a
condition precedent to his dismissal by his employer.
The dropping by the city fiscal of the criminal complaint is not binding upon a
labor tribunal.