Four Absences Without Leave CANNOT be considered as Gross Neglect of Duty, hence, NOT a ground for Termination of Employment

Neglect of duty, to be a ground for dismissal under the Labor Code, must be both gross and habitual. Gross negligence implies want of care in the performance of one’s duties. Habitual neglect imparts repeated failure to perform one’s duties for a period of time, depending on the circumstances.
(Cavite Apparel, Inc. v. Michelle Marquez, G.R. No. 172044, February 06, 2013)

For gross and habitual neglect of duties to be a valid ground for termination, the following must be present:
1. There must be neglect of duty; and
2. The negligence must be both gross and habitual in character.
(Section 5.2, par. c, DOLE DO 147-15)

Why choose ALBURO LAW?

Alburo Alburo & Associates Law Offices:

• Have labor law and business law as our main fields of practice. For almost a decade now, we have been helping businesses improve their productivity and profitability by helping them comply with relevant laws, rules, and regulations.

• Observe high standards of excellence.

• Always consider innovative approaches to effectively address the legal concerns of our clients, covering a wide range of industries such as food, manufacturing, chemicals, real estate, retail and wholesale trade, and services in fields such as information technology, human resources, security, training, process outsourcing and other manpower services, among many others.

Contact us: 09778050020 | 09778050015 | (02) 7745-4391

Email us: [email protected] | [email protected]

JUNE 2024 TRAINING PROGRAM

2nd Paralegal Certification Training

Legal Compliance Guide for Startup and Small Businesses

Land Titles and Deeds: Registration, Transfer and Sale

Developing Winning HR Policies

Annulment in the Philippines 101: Everything you Need to Know in the Law on Annulment