How to Protect Yourself from Unjust Termination

1. How to Protect Yourself from Unjust Termination When it comes to job security, many Filipino employees are unaware that the law provides safeguards against unjust termination. Whether you're calculating your 13th month pay computation or reviewing your employment contract, understanding your rights is crucial to ensuring fair treatment in the workplace. Employers cannot simply dismiss employees without just cause or due process. Knowing these rights can help you protect your career and maximize your benefits. Understanding Unjust Termination Unjust termination happens when an employer fires an employee without legal grounds or fails to follow the proper dismissal procedures. Under the Philippine Labor Code, termination must be based on either just cause or authorized cause: ● Just Cause – These include serious misconduct, habitual neglect of duties, fraud, willful disobedience, and similar offenses. ● Authorized Cause – These refer to business-related reasons such as redundancy, retrenchment, or closure of the company.

2. If your employer cannot justify your termination under these categories, you may have been dismissed unlawfully. Understanding your rights regarding termination and benefits ensures that you can challenge any unfair dismissal effectively. Due Process in Termination Even if there is a valid reason for termination, your employer must still follow due process. This involves: 1. Notice of Violation – The employer must provide a written explanation of the charges against you. 2. Opportunity to Respond – You must be given a chance to explain your side and defend yourself. 3. Notice of Decision – The employer must formally notify you in writing if termination is final. Without these steps, any termination could be considered illegal, and you may have the right to seek legal remedies. Example of Unjust Termination Imagine you receive a termination notice stating "poor performance" as the reason, yet your records show no previous warnings or evaluations discussing performance issues. If you were never given the chance to improve or defend yourself, this could be an unjust dismissal. The employer must provide evidence of poor performance and show that they followed proper evaluation and feedback processes.

3. Another example is when an employer lays off employees under the guise of redundancy, but later hires new workers for the same role. If this happens, the termination may be questionable, and employees can seek legal action. What You Can Do If You Are Unjustly Terminated If you believe your termination was unfair, here are some steps you can take: 1. Review Your Employment Contract – Check if there are clauses related to termination and due process. 2. Gather Evidence – Collect performance reviews, emails, and any documents that can prove wrongful termination. 3. Talk to HR or Management – Raise your concerns formally and try to resolve them internally. 4. File a Complaint with DOLE – The Department of Labor and Employment (DOLE) assists employees in filing complaints against unfair labor practices. 5. Seek Legal Advice – Consult a labor lawyer to understand your options and possibly file a case for illegal dismissal. 6. Know Your Compensation Rights – If unjustly dismissed, you may be entitled to separation pay, back wages, or reinstatement depending on the decision of labor authorities.

4. Know Your Rights, Protect Your Job Beyond job security, employees should also be aware of their work-related benefits in the Philippines, such as health insurance, paid leaves, and government-mandated contributions. These benefits provide additional protection and stability, helping employees navigate workplace challenges more effectively. Additionally, employees should stay proactive in developing their skills and exploring new opportunities. As industries evolve, staying informed about in demand jobs in the Philippines can also help employees explore better opportunities and secure positions with more favorable work conditions. Career advancement and job security go hand in hand, making continuous learning an essential strategy for every worker. Final Thoughts No one deserves to be unfairly dismissed, especially when they have dedicated their time and effort to a company. By knowing your rights, you can protect yourself from unlawful termination and secure fair treatment in the workplace. Tip:Hindi ka basta-basta puwedeng tanggalin sa trabaho ng walang sapat na dahilan at tamang proseso! Protect yourself by knowing your rights and speaking up when necessary. If you ever find yourself in a situation where your employment is at risk, remember that you have legal options to fight for your rights.