Professional Documents
Culture Documents
The letter clearly shows the reason for the employee's quitting from the Job, and
that is non payment of the salary of the employee for 3 months, so the employee
said he will give his letter of resignation. That can still be considered as constructive
dismissal in short the letter merely documented what made the employee quit the
Job. In that case the court considered it a case of constructive dismissal.
EXCEPTION
The court said if the employee filed an illegal dismissal complaint but did not ask for
reinstatement therefore that indicates that the employee did not in intend to go back.
GR: The immediate filing of an illegal dismissal complaint negates the employer's
claim of abandonment, the filing of the illegal dismissal complaint will show that the
employee intents to go back to work
E: When the employee files an illegal dismissal complaint but did not ask for
reinstatement
The employer will not require the employee to explain why he or she committed acts
of disloyalty against the union, that is not the inquiry to be done by the employer, the
employer will inquire into the proper application of the union security clause and the
union's compliance with the policy or with the procedure stated in its by-laws for the
expulsion of an employee concerned.
What is the procedure for termination due to authorized causes? here you need a
1. Notice, aspect and a separate pay aspect
The notice requires individual notices to the employee to be terminated and a notice
to the department of labor employing the department of the termination and giving
the list of employees covered to be terminated due to authorized causes. In addition
to that there has to be payment of separation pay,
Q:how much separation pay?
A. it depends on the cause if the requirement is applicable for all