
Exceptional Cases Requiring Separation Pay Upon Dismissal
by:Chikashi Kaneko, Jun Asahara [toc] In the Philippines, employers are not required to provide separation pay or equivalent monetary compensation to employees who are dismissed for just causes under the Labor Code. This is because dismissal on just grounds is attributed to the employee’s own fault. Article 297 of the Labor Code lists the following just causes for termination: Serious misconduct or willful disobedience Gross and habitual neglect of duties Fraud or breach of trust Commission of a crime against the employer or their family Other analogous causes However, even when an employee is dismissed for just cause, courts have in…