To the extent that employees have certain rights guaranteed by law, employers also have inherent rights in the conduct of their business and in the regulation of their employees in all phases of employment from the time of hiring, assignment, and transfer. of employees, dismissal of employees benefits and working conditions, disciplining up to the dismissal of employees. These rights are provided by law in the exercise of their management prerogatives.

The last phase of employment or dismissal of an employee is the most discussed topic in labor and employment matters.

In fact, the employer has the right to discipline its employees to the point of dismissing those who have transgressed the rules and regulations of the employer. This right is available to employers for their own conservation.

However, the government, by authorizing the employer to fire employees who have made mistakes, continues to provide reasonable guarantees to employees. Employees should only be fired legally.

So when can an employee be validly fired?

An employee can only be fired for reasons permitted by law and if due process is followed.

Termination Causes

There are two types of causes for the employer to fire his employee. They are just causes and authorized causes.

Just causes are those causes that are within the control of the employee. These are: serious misconduct or willful disobedience of the employee; gross or habitual neglect of assigned duties; Fraudulent acts or willful breach of the employment contract entered into by both the employer and the worker, as well as the trust placed in the worker; commission of a crime or misdemeanor against the employer, his relatives and his authorized agents; and other similar causes.

authorized causes are those matters that are not under the control of the employees. These are the ones that will help the employee to prevent business losses or the closure of the employer’s business by employing some labor saving devices. Authorized causes also include diseases detrimental to the health of other employees due to the communicable nature of the disease, or when medical findings reveal that normal medical treatment is not sufficient as a cure.

What is Due Process?

Due process is required by law to terminate or terminate an employee. The standard due process established by law is the dual notice and hearing requirement. The absence of either will make the employer liable for legal damages.