Termination of Employment Flashcards
It is allowed if the employee’s continued presence poses a serious and imminent threat.
Preventive Suspension
Preventive suspension shall not exceed ______ days.
30 days
It refers to a temporary cessation of business operations or an employee’s duty for a legitimate reason, typically not exceeding six months, without resulting in termination of employment.
Bona Fide Suspension
It refer to those instances enumerated under Articles 298 (Closure of Establishment and Reduction of Personnel) and 299 (Disease as a Ground for Termination) of the Labor Code, as amended. These are causes brought by the necessity and exigencies of business, changing economic conditions, and illness of the employee.
Authorized Causes
It refer to those instances enumerated under Article 297 [Termination by Employer] of the Labor Code, as amended. These are causes directly attributable to the fault or negligence of the employee.
Just Causes
It refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer.
Closure or Cessation of Business
It refers to an offense by the employee against the person of his/her employer or any member of his/her family or his/her duly authorized representative.
Commission of a Crime or Offense
It refers to any act, omission, or concealment which involves a breach of legal duty, trust or confidence justly reposed, and is injurious to another.
Fraud
It refers to the absence of that diligence that an ordinary prudent man would use in his/her own affairs.
Gross Neglect
It refers to repeated failure to perform one’s duties over a period of time, depending upon the circumstances.
Habitual Neglect
It refers to the refusal to obey some order which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer.
Insubordination
It refers to the reduction of the number of workers in any workplace made necessary by the introduction of labor-saving machinery or devices.
Installation of Labor-saving Devices
It refers to a condition arising from fraud or willful breach of trust by employee of the trust reposed in him/her by his/her employer or his/her duly authorized representative.
Loss of Confidence
It refers to the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment.
Misconduct
It refers to any employer, whether a person or entity, including government agencies and government-owned and controlled corporations, who/which puts out or farms out a job, service, or work to a contractor.
Principal
It refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous.
Redundancy
It refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses.
Retrenchment
What are the Two (2) Notice Rule?
(1) Notice to Explain and (2) Notice of Termination.
“Reasonable period” for explanation is at least ______ calendar days.
5 days
