In this article, we'll explore the concept of "Security of Tenure" and how it affects disciplinary measures against employees. There is a misconception going around that once a person turns from probationary to regular employee, they are now bulletproof from disciplinary cases. They can no longer be disciplined or terminated.
This issue comes up with employees who turn regular start acting up. The inquiry from my students and clients usually goes something like this:
Hi Attorney, we have an employee who recently turned regular. Upon being served the regularization papers, this employee has become lax and "too comfortable" at work. Boundaries are no longer being respected. During meetings, he sneers at his supervisors. He takes too long with his tasks and churns out sub-standard work. When we talked to him about these things, he said, "I'm now a regular employee. You can't touch me. Try to issue me a memo and I'll complain with DOLE. Just try." How do we deal with this?
Again, I'm seeing certain points here which everyone can learn from. Let's tackle them one by one.
Regular Employees have security of tenure
Well, he's right. Employees do enjoy security of tenure under the law. Under our Constitution (Section 18, Article II) and the Labor Code (Article III), all workers are guaranteed the right to security of tenure. This means that they can rest assured that their jobs are safe because:
Art. 293 [279] - In cases of regular employment, the employer shall not terminate the services of an employee...
In fact, multiple cases by the Supreme Court caution employers to respect the employment of the workers. It is a protected right. Even the Civil code weighs in and says:
Art. 1710. Dismissal of laborers shall be subject to the supervision of the Government, under special laws.
The intention of the law is to safeguard this right as much as possible.
However, this protection is not absolute
However, some employees seem to have misread the totality of the law. The whole provision reads:
Art. 293 [279] - In cases of regular employment, the employer shall not terminate the services of an employee... except for a just cause or when authorized by this Title.
Here is the proper way to interpret this doctrine. As a general rule, employees are supposed to be kept safe in their employment. However, if a just or authorized cause appears, the protection gives way and the employment may be vulnerable. In other words, the law itself says that being regular does not mean you are above discipline or termination proceedings.
Why is this so?
Well, it all revolves are
can be validly terminated from service only for a valid cause supported by substantial evidence and after due process or after the workers are afforded the opportunity to be heard and to present their defense. Who has the burden of proving that the dismissal of an employee is for a valid cause? If the employer fails to discharge this burden, can the worker be still validly dismissed? What are the grounds for the valid dismissal of a worker? These are the questions answered in this case of April. Read more at https://www.philstar.com/opinion/2019/02/27/1897052/security-tenure#LYtqPPGU4qzWIo0k.99
You have a greater responsibility once you turn regular
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