SECURITY OF TENURE

i. Scope

Scope of Security of tenure IRR

Book VI Rule 1. Section 1. Coverage- This rule

shall apply to all establishments and undertakings,

whether operated for profit or not, including

educational, medical, charitable and religious

institutions and organizations, in cases of regular

employment with the exception of the Government

and its political subdivisions including government-

owned or controlled corporations.

RIGHT TO SECURITY OF TENURE

- Security of tenure (Art 279); concept;

constitutional & statutory basis

ARTICLE 279. Security of Tenure. — In cases of

regular employment, the employer shall not terminate

the services of an employee except for

i. a just cause or

ii. when authorized by this Title.

An employee who is unjustly dismissed from work

shall be entitled to:

a. reinstatement without loss of seniority rights and

b. other privileges and

c. 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.
Concept

• Security of Tenure – is the right of the

employee to continue with his employment

unless terminated for a just authorized

cause.

Constitutional Basis (Art. 13, Sec. 3, 1987

Constitution)

• The State shall afford full protection to labor,

local and overseas, organized and unorganized,

and promote full employment and equality of

employment opportunities for all.

• It shall guarantee the rights of all workers

to self -organizations, and peaceful concerted

activities, including the right to strike in

accordance with law. They shall be entitled to

security of tenure, humane conditions of work,

and a living wage. They shall also participate in

policy and decision-making processes affecting

their rights and benefits as may be provided by

law.

• The State shall promote the principle of

shared responsibility between workers and

employers and the preferential use of voluntary

modes in settling disputes, including conciliation,

and shall enforce their mutual compliance

therewith to foster industrial peace.

• The State shall regulate the relations between

workers and employers, recognizing the right of

labor to its just share in the fruits of production

and the right of enterprises to reasonable returns

on investments, and to expansion and growth.

Statutory Basis ( Art 279 of LC)

Section 2. Security of tenure-

a. In cases of regular employment, the employer

shall not terminate the services of an employee

except for just or authorized causes as provided by

law, and subject to the requirements of due process.

b. The foregoing shall also apply in cases of

probationary employment; provided, however, that in

such cases, termination of employment due to failure

of the employee to qualify in accordance with the

standards of the employer made known to the former

at the time of engagement may also be a ground for

termination of employment.

c. In cases of employment covered by contracting

or subcontracting arrangements, no employee shall

be dismissed prior to the expiration of the contract

between the principal and contractor or subcontractor

as defined in Rule III-A, Book III of these Rules,

unless the dismissal is for just or authorized cause, or

is brought about by the completion of the phase of

the contract for which the employee was engaged,

but in any case, subject to the requirements of due

process or prior notice.

d. In all cases of termination of employment, the

following standards of due process shall be

substantially observed:

For termination of employment based on just

causes as defined in Art 282 of the Labor Code:

i. A written notice served on the employee

specifying the ground or grounds for termination, and

giving said employee reasonable opportunity within

which to explain his side.

ii. A hearing or conference during which the

employee concerned, with the assistance of counsel

if he so desires is given opportunity to respond to the

charge, present his evidence, or rebut the evidence

presented against him.

iii. 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.

For termination of employment as defined in Art 283

of the Labor Code, the requirement of due process

shall be deemed complied with upon service of

written notice to the employee and the appropriate

Regional Office of the DOLE at least 30 days before

effectivity of the termination, specifying the ground or

grounds for termination.

If the termination was brought about by the

completion of a contract or phase thereof, or by

failure of an employee to meet the standards of the

employer in the case of probationary employment, it

shall be sufficient that a written notice is served the

employee, within a reasonable time from the effective

date of termination.
3. PREVENTIVE SUSPENSION

(Book V, Rule 14, Section 3 & 4)

SECTION 3. Preventive suspension. — The

employer may place the worker concerned under

preventive suspension if his continued

employment poses a serious and imminent threat

to the life or property of the employer or of his

co-workers.

SECTION 4. Period of suspension. — No

preventive suspension shall last longer than 30 days.

The employer shall thereafter reinstate the worker in

his former or in a substantially equivalent position or

the employer may extend the period of suspension

provided that during the period of extension, he pays

the wages and other benefits due to the worker. In

such case, the worker shall not be bound to

reimburse the amount paid to him during the

extension if the employer decides, after completion of

the hearing, to dismiss the worker.

Preventive Suspension

The right to impose preventive suspension is a

management prerogative although it is not found in

the LC. It is found in its implementing and

regulations.

Valid suspension

If the employees continued employment poses a

serious and imminent threat to the life and or property

of the employer or of his co-workers. (section 3, rule

XIV, book V)
It is not a form of penalty, it is more of a protective

measure undertaken by the employer. One cannot

impose a penalty because the employee cannot be

punished without due process. In practice, preventive

suspension notice should be in writing.

Nature of Preventive Supension

It is a protective measure undertaken by the

employer to protect the interest of his business

1. to prevent further

commission of another offense

2. to prevent tampering

of evidences to conceal a crime

to prevent influence on the witnesses

1. Grounds

if his continued employment poses a serious and

imminent threat to the life or property of the

employer or of his co-workers

Preventive Suspension Meaning

Preventive suspension may be defined as the

temporary removal of an employee charged for

violation of company rules from his present status or

position. Preventive suspension is usually imposed

against subject employee while the company is

conducting an investigation for his alleged violation in

order to prevent him from causing further harm or

damage to the company or his co-employees.

Preventive suspension is not a disciplinary measure,

and should not be confused with suspension imposed

as a penalty.
Legal Basis

The right of employer to impose preventive

suspension is not found in the Labor Code itself.

The oft-cited legal basis for imposition of preventive

suspension is Section 8 and Section 9 of Rule XXIII,

Book V, of the Omnibus Rules Implementing the

Labor Code, as amended by Department Order No.

9, Series of 1997, which read as follows:

Section 8. Preventive suspension. The employer

may place the worker concerned under preventive

suspension only if his continued employment poses a

serious and imminent threat to the life or property of

the employer or of his co-workers.

Section 9. Period of suspension. No preventive

suspension shall last longer than thirty (30) days. The

employer shall thereafter reinstate the worker in his

former or in a substantially equivalent position or the

employer may extend the period of suspension

provided that during the period of extension, he pays

the wages and other benefits due to the worker. In

such case, the worker shall not be bound to

reimburse the amount paid to him during the

extension if the employer decides, after completion of

the hearing, to dismiss the worker.

Interestingly, the above-quoted provisions are no

longer reproduced in the present Omnibus Rules, as

amended by Department Order No. 40, Series of

2003, which supersedes Department Order 9-97.

It is opined, however, that the removal of said

provisions from the omnibus rules did not diminish

the right of the employer to impose preventive

suspension, considering that the justification for

upholding the right is necessity itself, i.e., when

continued employment poses threats to the life of the

employer or his co-worker.

When Employee may be Placed under Preventive

Suspension

The employer may place the worker concerned under

preventive suspension only if his continued

employment poses a serious and imminent threat to

the life or property of the employer or of his co-

workers.

It is not the nature or gravity of the charge against the

employee that should be made the basis for placing

him under preventive suspension.

Thus, in a case, the Court held that it is improper for

the employer to place under preventive suspension

employees charged of violation of school rules and

regulations on the wearing of uniform, tardiness or

absence, and maliciously spreading false

accusations against the school. (See Woodridge

School vs. Pe Benito, G.R. No. 160240, October 29,

2008.)

Maximum Period of Preventive Suspension

The maximum period of preventive suspension under

the rule is 30 days. After that period, the

worker must be reinstated to his former

position, or in a substantially equivalent

position. If the employer does not want to

reinstate his employee for whatever reason,

he has the option to extend the period of

suspension with the condition that he must

pay the worker his wages and other

benefits during the entire period of

extension.

The latter option is called payroll reinstatement (as

opposed to the former which is called actual

reinstatement).

In case the employer opts for payroll reinstatement,

the employee is not bound to reimburse wages and

benefits paid even if he is ultimately dismissed from

service, and regardless of whether the ground for

preventive suspension is proved to be valid.

Payment of Wages during Preventive Suspension

The employee placed under preventive suspension is

not entitled to payment of wages. This rule, however,

presupposes that the suspension is valid. If the

suspension is invalid or illegal, the employee shall be

entitled to payment of wages during the entire period

of illegal suspension. (See Gatbonton vs. NLRC,

G.R. NO. 146779, January 23, 2006.)

Likewise, if the suspension is extended beyond the

30-day limit, the employee shall be entitled to wages

and other benefits for the period of the extension.

When Preventive Suspension amounts to

Constructive Dismissal

When preventive suspension exceeds the maximum

period allowed without reinstating the employee

either by actual or payroll reinstatement (see Hyatt

Taxi Services Inc. vs. Rustom M. Catinoy, G.R. No.

143204, June 26, 2001), or when preventive

suspension is for indefinite period (see Pido vs.

National Labor Relations Commission, G.R. No.

169812, Feb. 27, 2007), constructive dismissal will

set in.

Preventive suspension is imposed on an

employee under investigation if he poses a

serious threat to the life and property of the

employer and of his co-workers. [Gatbonton vs.

NLRC, G.R. No. 146779, January 23, 2006, 479

SCRA 416] The rule on preventive suspension is

found in Secs. 8 and 9, Rule XXIII, DO 19, June

21, 1997.

As a general rule, the employee is not entitled to

wages during the period of a valid preventive

suspension. However, if preventive suspension

is found to be without basis, the employer is

required to pay the illegally suspended employee

his backwages for the period of his suspension.

[Maricalum Mining vs. Decorion, infra]

Rule on Proportionality

Accordingly, in determining the validity of dismissal

as to a form of penalty, the charges for which an

employee is being administratively cited must be of

such nature that would merit the imposition of the

said supreme penalty. Dismissal should not be

imposed if it is unduly harsh and grossly

disproportionate to the charges. The rule on

proportionality- that the penalty imposed should be

commensurate to the gravity of his offense.

REMEMBER that

Preventive suspension pending investigation is not a

penalty.

It is a measure intended to enable the disciplining

authority to investigate charges against respondent

by preventing the latter from intimidating or in any

way influencing witnesses against him. [Mandapat

vs. Add Force Personnel Services, Inc., G.R. No.

180285, July 6, 2010, Perez, J.]

If the investigation is not finished and a decision is

not rendered within that period, the suspension will

be lifted and the respondent will automatically be

reinstated. [The Board of Trustees of the

Government Service Insurance System, et al. vs.

Albert M. Velasco, et al., G.R. No. 170463,

February 2, 2011, Carpio, J.]

Preventive suspension lasts only for a period of 30

days, and beyond this period, such suspension may

amount to constructive dismissal. [Maricalum

Mining Corp. vs. Decorion, 487 SCRA 182 (2006)]

HOWEVER,

There are cases where a violation of the 30-day

suspension period may entail payment of indemnity

of P1,000.00 [JRS Business Corp. vs. NLRC, G.R.

No. 108891, July 17, 1995] or P3,000.00 [Pepsi-

Cola Distributors vs. NLRC, G.R. No. 106831, May

6, 1997]

While another view is that the period exceeding 30

days shall be compensable, [Carlos V. Valenzuela

vs. Caltex Philippines, Inc., G.R. Nos. 169965-66,

December 15, 2010, Villarama, Jr., J.] thus, the

extension will not give rise to constructive dismissal.

The preventive suspension beyond 30 days shall be

upheld provided the employee's wages and benefits

are paid in the interim. [Genesis Transport Service,

Inc. vs. Unyon ng Malayang Manggagawa ng

Genesis Transport, G.R. No. 182114, April 5, 2010,

Carpio Morales, J.]

An employee who was preventively suspended

pending an investigation is treated like an employee

on approved vacation leave without pay. The period

of preventive suspension shall effectively interrupt the

continuity of his government service. [The Board of

Trustees of the Government Service Insurance

System, et al. vs. Albert M. Velasco, et al., G.R.

No. 170463, February 2, 2011, Carpio, J.]

Imposition of preventive suspension does not amount

to termination of employment. Preventive

suspension is justified where the employee's

continued employment poses a serious and imminent

threat to life or property or of the employee's co-

workers, and does not amount to illegal dismissal.

[Jose P. Artificio vs. NLRC, et al., G.R. No.

172988, July 26, 2010, Perez, J.]

2. Duration

Maximum period

Preventive suspension shall not last longer than 30

days. The employer shall thereafter (1) reinstate the

worker in his former or in a substantially equivalent

position; or (2) the employer may extend the period of

suspension, provided that during the period of

extension, he pays the wages and other benefits due

to the worker concerned. In such a case, the worker

shall not be bound to reimburse the amount paid to

him during the extension if the employer decides,

after completion of the hearing, to dismiss the worker.

3. Extension

Cases:

JRS Business Corp. vs. NLRC (246 SCRA

445)

There are cases where a violation of the 30-day

suspension period may entail payment of indemnity

of P1,000.00.

Gandara Supply vs. NLRC (300 SCRA

162)

The supposed suspension was expected to last for

more than the period allowed by law, thus making the

suspension constitute of an illegal dismissal.

Atlas Fertilizer Corp vs. NLRC (273 SCRA

549)

Preventive Suspension is a disciplinary measure for

the protection of the company’s property pending

investigation of any alleged malfeasance or

misfeasance committed by the employee. Section 3,

Rule XIV, Book V of the Omnibus Rules

Implementing the Labor Code provides that the

employer may place the worker concerned under

preventive suspension if his continued employment

poses a serious threat to the life or property of the

employer or of his co-workers.

IV. TERMINATION OF EMPLOYMENT

A. Requisites for a Valid Dismissal

* Sect 1, Art. III of the 1987 Constitution

Section 1. No person shall be deprived of life, liberty,

or property without due process of law, nor shall any

person be denied the equal protection of the laws.

* Article 277 (b) LCP

Article 277. Miscellaneous provisions.

(a) XXX

(b) Subject to the constitutional right of workers to

security of tenure and their right to be protected

against dismissal except for a just or authorized cause and without prejudice to the requirement of

notice under Article 283 of this Code, the employer

shall furnish the workers whose employment is so

sought to be terminated a written notice containing a

statement of the cause for termination and shall

afford the latter ample opportunity to be heard and to

defend himself with the assistance of his

representative if he so desires in accordance with

company rules and regulations promulgated pursuant

to guidelines set by the Department of Labor and

Employment. Any decision taken by employer shall

be without prejudice to the right of the worker to

contest the validity or legality of his dismissal by filing

a complaint with the regional branch of the National

Labor Relations Commission. The burden of proving

that the termination was for a valid or authorized

cause shall rest on the employer. The Secretary of

Labor and Employment may suspend the effects of

the termination pending resolution of the dispute in

the event of a prima facie finding by the appropriate

official of the Department of Labor and Employment

before whom such dispute is pending that the

termination may cause a serious labor dispute or is in

implementation of a mass lay-off. (As amended by

RA 6715)

a. Substantial Evidence

Labor Code

Art. 279. Security of tenure. 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. (As amended by Section

34, Republic Act No. 6715, March 21, 1989)

b. Due Process ( Notice Requirement)

Due process (Art 277 (b)) & Bill of Rights

Subject to the constitutional right of workers to

security of tenure and their right to be protected

against dismissal except for a just and authorized

cause and without prejudice to the requirement of

notice under Article 283 of this Code, the employer

shall furnish the worker whose employment is sought

to be terminated a written notice containing a

statement of the causes for termination and shall

afford the latter ample opportunity to be heard and to

defend himself with the assistance of his

representative if he so desires in accordance with

company rules and regulations promulgated pursuant

to guidelines set by the Department of Labor and

Employment. Any decision taken by the employer

shall be without prejudice to the right of the workers

to contest the validity or legality of his dismissal by

filing a complaint with the regional branch of the

National Labor Relations Commission. The burden of

proving that the termination was for a valid or

authorized cause shall rest on the employer.

The Secretary of the Department of Labor and

Employment may suspend the effects of the

termination pending resolution of the dispute in the

event of a prima facie finding by the appropriate

official of the Department of Labor and Employment

before whom such dispute is pending that the

termination may cause a serious labor dispute or is in

implementation of a mass layoff.

Bill of Rights

Section 1, Article III, 1987 Constitution

“No person shall be deprived of life, liberty and

property without due process of law.”

“ prior notice and hearing” & 30 day prior notice

rule

- The employer must furnish the worker with 2

written notices before termination of

employment can be legally effected.

1. The notice to apprise the employee of the

particular acts or omissions for which his dismissal

is sought.

2. The notice informing the employee of the

employer’s decision to dismiss him.

Termination of fixed term employee - if the

termination was brought about by the completion of

the contract or phase thereof, no prior notice is

required.

Dismissal of probationary employees- if the

termination is brought about by the failure of an

employee to meet the standards of the employer in

the case of probationary employment, it shall be

sufficient that a written notice be served the

employee within a reasonable time from the effective

date of termination.
d. Principle of Discretionary Justice

“Whenever a penalty less punitive would suffice,

whatever missteps may be committed by labor ought

not to be visited with a penalty so severe.”

Factors that should be taken into consideration in

determining a penalty short of termination of

employment:

1. seriousness of the offense

2. previous record of the employee

3. length of service

4. previous offenses

. Just Causes for Termination of Employment

(Art. 282 LCP)

•JUST CAUSE - Separation pay, in lieu of

reinstatement, shall include the amount equivalent at

least to one (1) month salary or to one (1) month

salary for every year of service, whichever is higher,

a fraction of at least six (6) months being considered

as one (1) whole year including regular allowances. If

not regular, not included.

•AUTHORIZED CAUSE – Separation pay is as

follows:

•In case of termination due to the installation of labor-

saving devices or redundancy, the worker affected

thereby shall be entitled to a separation pay

equivalent to at least one (1) month pay or to at least

one (1) month pay for every year of service,

whichever is higher.

•In case of retrenchment to prevent losses and in

cases of 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.

•In cases of closures or cessation of operations of

establishment or undertaking due to serious business

losses or financial reverses, there shall be no

separation pay.

Four contexts of separation pay:

1. As employer’s obligation

- in cases of legal termination due to authorized

causes under Art 283 and 284

2. As financial assistance

- as an act of social justice, even in cases of legal

dismissal under Art 282. Pursuant to the principle of

discerning compassion.

3. In lieu of reinstatement of illegal dismissal cases

where the employee is ordered reinstated but

reinstatement is no longer feasible.

4. As an employment benefits granted under CBA

or company policy.

- this does not arise from legal or illegal dismissal but

voluntary mode of leaving one’s employment such as

resignation.

Just Causes

• Substantial requirements

ARTICLE 282. Termination by employer. — An

employer may terminate an employment for any of

the following just causes:

(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 representative; and

(e) Other causes analogous to the foregoing.

a. serious misconduct

In order to constitute a “just cause” for dismissal,

however, the act complained of must be related to

the performance of the duties of the employee such

as would show him to be thereby unfit to continue

working for the employer.

Requisites:

1. it must be serious and not minor

2. it must be work-related or relate to the

performance of the employee’s duties

3. it must show that the employee as become unfit to

continue working for the employer

b. willful disobedience

Refers to the willful disobedience by the employee of

the lawful orders of his employer or representative in

connection with his work.

Requisites:

Orders, instructions or regulations of the employer

must be:

1. lawful and reasonable

2. sufficiently known to the employee

3. in connection with the duties which the employee

has been engaged to discharge

c. gross and habitual neglect by the employee of

his duties

Gross negligence a want or absence of or failure to

exercise even the slightest care or diligence, or the

entire absence of care as to amount to a reckless

disregard of the safety of the person or property. It

evinces a thoughtless disregard of consequences

without exerting any effort to avoid them.

It means an absence of diligence which an ordinary

man would use in his own affairs.

Habitual refers to a repetition of similar acts. Habitual

neglect, on the other hand, implies repeated failure to

perform one’s duties for a period of time, depending

upon the circumstances. .e. Excessive absenteeism

d. fraud

It is generic term embracing all multifarious means

which human ingenuity can device, and which are

resorted to by one individual to secure advantage

over another by false suggestions or by suppression

of truth and includes all surprise, trick, cunning,

dissembling ad any unfair way by which another is

cheated.

Any act or omission or concealment which involves a

breach of legal duty, trust and confidence justly

reposed and is injurious to another.

Requisites:

1. committed against the employer or his

representative

2. in connection with the employee’s work

3. position of the employee must be with trust and

confidence

e. willful breach by the employee of the trust

reposed in him by his employer or duly

authorized representative:

It is willful when it is done intentionally, knowingly,

deliberately without justifiable

excuse as distinguished from an act done carelessly,

thoughtlessly, heedlessly and inadvertently.

Requisites:

1. breach must be work-related

2. position must be impressed with trust and

confidence such as positions having the custody of

funds, money or other company property

Guidelines for the application of the Doctrine of

Loss of Confidence:
1. loss of confidence which should not be simulated;

2. it should not be used as subterfuge for causes

which are improper,

illegal or unjustified;

3. it should not be arbitrarily asserted in the face of

overwhelming evidence to the contrary;

4. it must be genuine, not a mere afterthought to

justify earlier action taken

in bad faith;

5. the employee involved holds a position of trust and

confidence Moreover, loss of confidence should

ideally apply to positions of trust and confidence,

such as:

1. those involving employees occupying

positions of trust and confidence like managerial or

supervisory employees, or

2. to those situation where the employee is

routinely charged with the care and custody of the employer’s money and property, ie. Cashiers,

auditors, property custodians

3. those who in the normal and routine exercise

of their functions, regularly handles significant

amount of money or property, i.e. bank tellers

f. commission of crime or offense by the

employee against - the person of his employer or

- his duly authorized representative or - any

immediate member of his family

Conviction is not necessary here, mere

substantial evidence is required. No need for a case.

A mere commission of an offense against the

employer will justify termination.

g. other analogous causes

- Other analogous causes e.g. abandonment,

sexual harassment, gross inefficiency or poor

performance; drug use or abuse (RA 9165); attitude

problem; conflict of interest, lack of common sense

Abandonment

- analogous to gross and habitual neglect of duty.

It requires deliberate, unjustified refusal of the

employee to resume his employment

Two elements must be satisfied:

1. failure to report for work or absence without any

valid or justifiable reason

2. a clear intention to sever the ER-EE relationship-

must be evinced by over acts

Sexual Harassment

- analogous to serious misconduct

- the gravamen of the offense in sexual

harassment is not the violation of the employee’s

sexuality but the abuse of power by the employer.

Any employee, male or female, may rightfully cry foul

provided the claim is well substantiated. Sexual

harassment is an imposition of misplaced superiority.

Gross inefficiency

- analogous to serious misconduct

- failure to observe pescribed standards of work to

fulfill reasonable work assignments

Conflict of interest or poor performance

- analogous to gross neglect for both involve

specific act or omissions on the part of the

employees resulting in damage to the employer or his

business. It refers to failure to observe prescribed

standards of work, or to fulfill reasonable standard of

work due to inefficiency.

- poor performance is equivalent to inefficiency

and incompetence in the performance of official

duties. An unsatisfactory rating can be a just cause

for dismissal only if it amounts to gross and habitual

neglect of duties.

Drug use or abuse

-analogous to serious misconduct

Republic Act 9165

ARTICLE V

Promotion of a National Drug-Free Workplace

Program with the participation of Private and Labor

Sectors and the Department of Labor and

Employment.

Section 47 – Drug-Free Workplace – it is deemed a

policy of the State to promote drug-free workplaces

using a tripartite approach. With the assistance of the

Board, the Department of Labor and Employment

(DOLE) shall develop, promote and implement a

national drug abuse prevention program in the

workplace to be adopted by private companies with

ten (10) or more employees. Such program shall

include the mandatory drafting and adoption of

company policies against drug use in the workplace

in close consultation and coordination with the DOLE,

Labor and Employer organizations, human resources

development managers and other such private sector

organizations.

Section 48 – Guidelines for the National Drug

-Free Workplace Program – The board and the

DOLE shall formulate the necessary guidelines for

the implementation of the national drug-free

workplace program. The amount necessary for the

implementation of which shall be included in the

Annual General Appropriations Act.

Attitude problem

- analogous to breach of trust and confidence

- An employee who cannot get along with his co-

employees is detrimental to the company for he can

upset and strain the working environment.

Lack of common sense

Disgraceful or immoral conduct

- analogous to serious misconduct

-See also Manual of Regulations for Private School

for Termination of Academic Personnel

Section 94. Causes of Terminating Employment-

In addition to the just cause enumerated in the LC,

the employment of school personnel, including

faculty, may be terminated for any of the following

causes:

a. Gross inefficiency and incompetence in the

performance of his duties such as, but not

necessarily limited to, habitual and inexcusable

absences and tardiness from his classes, willful

abandonment of employment or assignment;

b. Negligence in keeping school or student records,

or tampering with or falsification of the same;

c. Conviction of a crime or an attempt on, or a

criminal act against the life of a school official,

personnel or student or upon the property or interest

of the school;

d. notoriously undesirable;

e. disgraceful or immoral conduct;

f. the sale of tickets or the collection of any

contribution in any form or for any purpose or project

whatsoever, whether voluntary or otherwise, from

pupils, students and school personnel, except

membership fees of pupils and students in the Red

Cross, The Girl Scouts of the Philippines and the Boy

Scouts of the Philippines;

g. In the event of phasing out, closure or the

cessation of the educational program or course of the

school itself; and;

h. Other causes analogous to the foregoing as may

be provided for in the regulations prescribed by the

Secretary or in the school rules or in a collective

bargaining agreement.

Section 95 Suspension. Suspension of any school

may be preventive or punitive.

Preventive suspension not to exceed 30 days

maybe imposed on any school personnel pending

investigation of the charge against him if his

continued presence poses a serious and imminent

danger to the school, property and to his life, the life

of his pupils, students o school personnel.

Punitive suspension is the imposition of the penalty

on an erring school personnel after conviction for an

offense or a misconduct committed.