In the Philippines, firing an employee is a delicate legal maneuver. There are some scenarios wherein an employer may terminate employment under the law, but such actions must follow strict compliance with due process, especially in the case of authorized cause termination. Authorized causes are non-disciplinary; in other words, the employee has not committed any offense, yet the business requires a change. A Labor Lawyer Philippines plays a major role in ensuring that employers have followed the legal process properly, therefore protecting them against future claims from employees while also preserving the rights of employees.
Authorized Cause Termination
Authorized causes for termination as outlined in Article 298 [recast as Article 283] of the Labor Code of the Philippines refer to the legal dismissal of workers on account of a valid business reason. Such reasons may consist of redundancy, retrenchment to avert business losses, closing the business, installation of labor-saving devices, and making the offered position hazardous on account of a disease certified by competent public health authorities as totally uncurable within six months. These causes fall under the category of operational necessity because employee performance and conduct are not relevant.
In any of these cases, the law also requires the employer to prove a legitimate business reason and that this reason is substantiated by credible evidence. A labor attorney thus secures documents that will be available to establish such causes, namely, financial statements, plans for restructuring, medical certification, or resolutions by the board. The existence of these documents would support the dismissal and prevent any later dispute on its legitimacy.
The Role of Labor Lawyer in Determining Justification
The first step for a labor lawyer in any termination case is to assess whether the stated reason falls under any of the authorized causes recognized by law. Next, the lawyer will direct the employer in gathering the necessary evidence to support the contention. For redundancy, the lawyer checks for double position creation, obsolescence, or redundancy through automation. In the case of retrenchment, there must be a perusal of financial statements to determine whether actual or expected losses justify a reduction in the number of workers.
When termination is due to ill health, a labor attorney coordinates with the medical profession and ensures that certification is issued by a public health agency. Also, in closure cases, the attorney differentiates between total closures and partial closures and vet whether it is for good faith intentions or merely as a way of evading labor obligations. Thus the attorney, by thoroughly assessing the legal viability of the excuse, prevents claims of bad faith or illegal dismissal.
Observing Procedural Due Process
Conducting substantive justification has to have its procedural due process element attached to it, as even legitimate grounds for termination could render the dismissal defective if correct procedures were not observed. This is the liability that an employer faces for that. A labor lawyer ensures strict compliance by the employer when it comes to notification.
The very first service of a notification is written to the employee concerned. This notice must be at least thirty days before the termination date. It should state clearly a cause for the due process of dismissal and the date it will take effect. Also, it should be filed with the Department of Labor and Employment (DOLE) within the same period. This double-notice requirement is mandatory and must allow both the affected employee and the government sufficient time to make preparations for the termination effects.
A labor lawyer assists in drafting these notices to ensure that the language used complies with legal standards. Any ambiguity or insufficient detail in these notices could be used against the employer in a labor complaint. The lawyer also makes sure that delivery notices are duly documented: thus, proof exists that the employee and DOLE were informed as required.
Proper Computation and Payment Separation Pay
Next to Proper Notice is the payment of all financial obligations to the employee, for which labor lawyers advise employers. Labor lawyers help employers compute the proper separation pay according to the specific authorized cause because the law has different formulas for redundancy, retrenchment, and incurable disease.
Separation pay for redundancy and installation of labor-saving devices is typically equivalent to one month’s salary or one month’s salary per year of service, whichever is higher. In the case of retrenchment or closure not due to serious losses, it is usually one-half month’s salary per year of service or one month’s salary, whichever is higher. Similar computations apply for termination caused by disease but require medical verification. Labor lawyers see that this benefit is paid at the proper time and is accurate in order not to be exposed to claims of underpayment or non-compliance.
Observing Alternatives and Responsible Business Practices
Such an ethical labor practitioner as mentioned here would also consider alternatives other than termination whenever it is possible. It recommends, before advising clients to go for a dismissive action, options such as reassignment, retraining of the employee, or cost-saving means. If such termination is unavoidable, the lawyer ensures it goes through with dignity and follows legal transparency so that reputational damage and internal disruption will be minimal.
He documents the entire process and the signing of quitclaims or waivers where relevant. These are legal instruments formulated and expounded by labor lawyers that serve as evidence for the employee’s awareness of his rights, receipt of due benefits, and acknowledgment of process fairness, further insulating employers from any future labor conflicts.
Representing the Employer in Post-Termination Proceedings
Even after all the efforts to assist termination, the employee still turns up with complaints for illegal dismissal. In these cases, the labor lawyer represents the employer in the proceedings before the National Labor Relations Commission (NLRC) or any other viable agencies, defending employer action by further providing all required documentation and proving the validity of reason and fulfilment of the procedural requirements. In most case scenarios, the success or failure of such cases depends upon how correctly the process of termination was proceeded with from the very beginning- something very much attuned to the training of labor lawyers.
Key Takeaway
The authorized cause termination is a delicate legal issue demanding technical expertise together with procedural discipline. The labor lawyer in the Philippines becomes the legal adviser of the employer. They make sure that every step, from the cause checking legality, drafting the notices, and computation of separation to all other things, is done according to the provisions of the Labor Code. Their assistance guarantees the employer an abuse-free environment in the handling of their employee in the event of using any cause termination provided by law.