Security of Tenure in the Philippines

PUBLISHED ON: October 8, 2020
LAST UPDATED ON: May 1, 2021

Security of Tenure is a right of an employee and mandated by law that protects them from being unjustly terminated from employment by their employers. Termination of employment isn't simply just about removing someone who you do not agree with or you hate. If it is used as such, employers may be perceived as highly oppressive and is high unfavorable to the employee. Security of Tenure should also be in mind when terminating the employment of an employee.

Defining Security of Tenure

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)

The company should strictly follow the substantive and procedural due process in the termination of employment. Should an employer unjustly dismiss an employee, he or she may raise it to the Department of Labor and Employment (DOLE) and it would prove costly for the employer should they be found guilty. Employers should always keep in mind to always document the procedures undertaken when dismissing employees.

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