Torts or Quasi-delict: (Civil Code of the Philippines)

Art. 2176.. Whoever by act or omission causes damage to another, there being fault or negligence, is obliged to pay for the damage done. Such fault or negligence, if there is no pre-existing contractual relation between the parties, is called a quasi-delict and is governed by the provisions of this Chapter. Negligence is the omission to do something which a reasonable man, guided by those considerations which ordinarily regulate the conduct of human affairs, would do, or the doing of something which a prudent and reasonable man would d0. It also refers to the conduct which creates undue risk of harm to another, the failure to observe that degree of care, precaution and vigilance that the circumstance justly demand, whereby that other person suffers injury. The Court declared the test by which to determine the existence of negligence in Picart v. Smith. The test by which to determine the existence of negligence in a particular case may be stated as follows: Did the defendant in doing the alleged negligent act use that reasonable care and caution which an ordinarily prudent person would have used in the same situation? If not, then he is guilty of negligence. The law here in effect adopts the standard supposed to be supplied by the imaginary conduct of the discreet paterfamilias of the Roman law. The existence of negligence in a given case is not determined by reference to the personal judgment of the actor in the situation before him. The law considers what would be reckless, blameworthy, or negligent in the man of ordinary intelligence and prudence and determines liability by that.

It is settled that in negligence cases the aggrieved parties may choose between an action under the Revised Penal Code or of quasi-delict under Article 2176 of the Civil Code of the Philippines. What is prohibited by Article 2177 of the Civil Code of the Philippines is to recover twice for the same negligent act. Actions based upon quasi-delicts prescribe after four years from the commission of the fault or negligent deed.

Criminal Negligence: (Revised Penal Code) Art. 365 Imprudence and negligence. Any person who, by reckless imprudence, shall commit any act which, had it been intentional, would constitute a grave felony, shall suffer the penalty of arresto mayor in its maximum period to prision correccional in its medium period; if it would have constituted a less grave felony, the penalty of arresto mayor in its minimum and medium periods shall be imposed; if it would have constituted a light felony, the penalty of arresto menor in its maximum periodic shall be imposed. Any person who, by simple imprudence or negligence, shall commit an act which would otherwise constitute a grave felony, shall suffer the penalty of arresto mayor in its medium and maximum periods; if it would have constituted a less serious felony, the penalty of arresto mayor in its minimum period shall be imposed.

When the execution of the act covered by this article shall have only resulted in damage to the property of another, the offender shall be punished by a fine ranging from an amount equal to the value of said damages to three times such value, but which shall in no case be less than twenty-five pesos. A fine not exceeding two-hundred pesos and censure shall be imposed upon any person who, by simple imprudence or negligence, shall cause some wrong which, if done maliciously, would have constituted a light felony. In the imposition of these penalties, the courts shall exercise their sound discretion, without regard to the rules prescribed in article sixty-four.

Reckless imprudence consists in voluntarily, but without malice, doing or failing to do an act from which material damage results by reason of inexcusable lack of precaution on the part of the person performing or failing to perform such act, taking into consideration his employment or occupation, degree of intelligence, physical condition and other circumstances regarding persons, time and place. Simple imprudence consists in the lack of precaution displayed in those cases in which the damage impending to be caused is not immediate nor the danger clearly manifest. The penalty next higher in degree to those provided for in this article shall be imposed upon the offender who fails to lend on the spot to the injured parties such help as may be in his hands to give. Kinds of damages Actual or compensatory damages are those awarded in order to compensate a party for an injury or loss he suffered. They arise out of a sense of natural justice and are aimed at repairing the wrong done. To be recoverable, actual and compensatory damages must be duly proved with reasonable degree of certainty. A court cannot rely on speculation, conjecture or guesswork as to the fact and amount of damages, but must depend upon competent proof that they have suffered and on evidence of the actual amount thereof. The party alleging a fact has the burden of proving it and a mere allegation is not evidence.

Moral damages are awarded to compensate for the moral suffering, mental anguish, fright, moral shock, sleepless nights, besmirch reputation, wounded feelings of the complainant. Mere allegations do not suffice; they must be substantiated by clear and convincing proof. Damages are not intended to enrich the complainant at the expense of the defendant. They are awarded only to alleviate the moral suffering that the injured party had undergone by reason of the defendant's culpable action. 7There is no hard-and-fast rule in the determination of what would be a fair amount of moral damages since each case must be governed by its own peculiar facts. Nominal damages may be awarded to a plaintiff whose right has been violated or invaded by the defendant, for the purpose of vindicating or recognizing that right, and not for indemnifying the plaintiff for any loss suffered by him. Its award is thus not for the purpose of indemnification for a loss but for the recognition and vindication of a right. Nominal damages are damages in name only and not in fact. When granted by the courts, they are not treated as an equivalent of a wrong inflicted but simply a recognition of the existence of a technical injury. A violation of the plaintiffs right, even if only technical, is sufficient to support an award of nominal damages. Conversely, so long as there is a showing of a violation of the right of the plaintiff, an award of nominal damages is proper. Exemplary damages may be awarded in order to teach the defendant a lesson, to provide an example for the public good. Liquidated damages are those which have been agreed by the parties orally or in writing.

BASICS IN OBLIGATIONS AND CONTRACTS

Civil Code Provisions on Obligations:

Article 1156. An obligation is a juridical necessity to give, to do or not to do. (n) - enforceable by the courts. Article 1157. Obligations arise from: (1) Law; (2) Contracts; (3) Quasi-contracts; (4) Acts or omissions punished by law; and (5) Quasi-delicts. Article 1159. Obligations arising from contracts have the force of law between the contracting parties and should be complied with in good faith. - contract is the law between the parties, but provisions in the contract which are against the law are void.

Article 1166. The obligation to give a determinate thing includes that of delivering all its accessions and accessories, even though they may not have been mentioned. Article 1167. If a person obliged to do something fails to do it, the same shall be executed at his cost. This same rule shall be observed if he does it in contravention of the tenor of the obligation. Furthermore, it may be decreed that what has been poorly done be undone. Article 1168. When the obligation consists in not doing, and the obligor does what has been forbidden him, it shall also be undone at his expense. Article 1169. Those obliged to deliver or to do something incur in delay from the time the obligee judicially or extrajudicially demands from them the fulfillment of their obligation. However, the demand by the creditor shall not be necessary in order that delay may exist: (1) When the obligation or the law expressly so declare; or (2) When from the nature and the circumstances of the obligation it appears that the designation of the time when the thing is to be delivered or the service is to be rendered was a controlling motive for the establishment of the contract; or (3) When demand would be useless, as when the obligor has rendered it beyond his power to perform.

In reciprocal obligations, neither party incurs in delay if the other does not comply or is not ready to comply in a proper manner with what is incumbent upon him. From the moment one of the parties fulfills his obligation, delay by the other begins. Article 1170. Those who in the performance of their obligations are guilty of fraud, negligence, or delay, and those who in any manner contravene the tenor thereof, are liable for damages. Article 1231. Obligations are extinguished: (1) By payment or performance; (2) By the loss of the thing due; (3) By the condonation or remission of the debt; (4) By the confusion or merger of the rights of creditor and debtor; (5) By compensation; (6) By novation.

Civil Code Provisions on Contracts: Article 1305. A contract is a meeting of minds between two persons whereby one binds himself, with respect to the other, to give something or to render some service. Article 1306. The contracting parties may establish such stipulations, clauses, terms and conditions as they may deem convenient, provided they are not contrary to law, morals, good customs, public order, or public policy. Article 1308. The contract must bind both contracting parties; its validity or compliance cannot be left to the will of one of them. Article 1317. No one may contract in the name of another without being authorized by the latter, or unless he has by law a right to represent him. A contract entered into in the name of another by one who has no authority or legal representation, or who has acted beyond his powers, shall be unenforceable, unless it is ratified, expressly or impliedly, by the person on whose behalf it has been executed, before it is revoked by the other contracting party.

Essential Requisites of Contracts Article 1318. There is no contract unless the following requisites concur: (1) Consent of the contracting parties; (2) Object certain which is the subject matter of the contract; (3) Cause of the obligation which is established. Elements of Contracts: 1. Two or more competent contracting parties 2. Mutual agreement (meeting of the minds) by all parties to the contract 3. Valuable consideration or cause something equivalent given or done for the act or promise to give, to do or not to do something of value. 4. Obligations of the parties must not be contrary to law, morals, good customs and public policy 5. Must be set forth according to the form and executed in the manner prescribed by law.

Competence of Contracting Parties 1. Minor/infant contracts entered into by him is voidable at his option 2. Insane person contract is voidable at the option of the insane person 3. Drunken person - if not conscious that he had entered into a contract, contract is voidable at his option. 4. Convicts competence to enter into contract is suspended for some time until suspension is lifted by proper authorities 5. Professionals only licensed professionals are competent to enter into contracts for professional services. 6. Corporations contracts entered into must be thru a duly authorized agent or representative 7. Enemy Alien cannot contract or sue under existing contract unless permitted by the government, but may be sued in our courts under existing contracts 8. Governments can enter into contracts but with certain restrictions, procedures and form of contract are rigidly prescribed by law. 9. Foreign countries and their sovereign can make contracts and sue under existing contracts in out courts, but may not be sued in such courts without their consent.

Quasi contracts - a contract implied by law on the theory that it would be unjust to allow a person to accept the benefits of a labor or anything of value which belongs to another without refunding or paying him, under the principle of unjust enrichment . Example: If acting under a mistaken belief you paid a debt that is not yours, the payee can be obliged to return to you what you have paid. Oral vs. written contracts: - if the contract is to be immediately consummated, oral contracts will suffice. - if the contract requires much time and involves complicated obligations, written contract is advisable - there are contract, however, which the law requires to be in writing in order to be enforceable by the courts. E.g. those involving real properties.

Construction Contracts
- How obtained? a) thru competitive bidding b) negotiation Types of Construction Contracts: 1. Lump sum the owner of the project pays to the contractor an agreed sum of money for the completion of the project according to plans and specifications. Advantage: a. simply practicable b. a limit to the cost of the project is fixed c. good for work that is very certain and pre-estimated Disadvantages: a. contractors tend to use cheap materials to gain more b. creates problem when extra work is required

2. Unit-price - The owner pays the contractor an agreed amount of money for each unit of work done. Advantage: a. good when actual quantities of work-in-place are uncertain Disadvantage: a. quality of work maybe sacrificed if no clear specifications as to how the work must be performed 3. Cost-plus a-percentage The owner pays the contractor the actual cost of construction work, with a specified percentage thereof as compensation for the contractor s overhead expenses, personal services and profit Advantages: a. risk of construction is entirely removed from the contractor b. owner pays only the cost of construction as actually incurred

Disadvantages: a. every increase in cost increases the amount payable to the contractor, contractors exploit this opportunity to gain more b. labor inefficiency, unsatisfactory performance on the part of the contractor since his profit does not depend upon his ability to work 4. Cost-plus-a-fee The owner pays the contractor the actual cost of construction work plus a fixed sum to pay for the contractor s overhead expenses, personal services and profit. Advantages: a. contractor can no longer profit from any increase in construction cost, he will make efforts to finish the job soon b. the risk of construction is entirely removed from the contractor c. the owner pays only the cost of construction as actually incurred Disadvantage: a. labor inefficiency on the part of the contractor since his profit is already fixed

5. Cost-plus-a-variable-premium - The contractor undertakes to complete the work for a fixed sum and a definite completion time. In addition to the fixed sum, he is paid a stated premium which may be decreased or increased accordingly as the actual cost and completion time of the project are greater than or less than the said fixed sum and definite completion time. Advantages: a. If the actual construction cost is less than the fixed sum, the owner and the contractor share the gain. Half of the gain is added to the stated premium of the contractor, and the other half goes to the owner. b. If the actual construction cost is greater than the fixed sum, the owner provides half of the loss and the other half is deducted from the contractor s stated premium. c. If the project is actually completed before the fixed completion time, the contractor receives a certain agreed sum per day of time saved; if completed after the fixed completion time, a corresponding deduction, per day of delay, is made in the contractor s stated premium. Disadvantage: a. The contractor gets an unfairly high premium when the fixed sum is deliberately made high and/or the fixed completion time is deliberately made long.

Contract Documents for Large Construction Project

1. Advertisement - a written invitation to bidders to furnish materials or services of value - includes information on what to furnish, the site of work, deadline for submission of bids, required bidder s bond, date of opening of bids, manner of addressing the bids, where to secure plans and specifications of the work, and statement of owner s right to reject any bid. 2. Instruction to bidders - to amplify anything which has been omitted in the advertisement because of the cost and space limitation - includes description of work, how to prepare bid proposals, bid delivery and withdrawal, bidder s bond, bidder s responsibility, interpretation of contract documents, requirement for signing bids, conditions for the award of contract, effectivity of contract, instruction for the execution of performance bond, time of project completion, interpretation of standard specification, and contract documents needed.

3. Bid Proposal - the contract amount and services which the contractor offers to the owner for the construction of the project; bid proposal form is usually furnished by the owner to ensure uniformity and easy comparison of bids. 4. General Conditions - includes the intent of the contract, definition of terms, bond requirements, financial protection, reports and payments, contractual relations, conduct of work for protection of properties and the general public, retainage matters, termination of contract and arbitration matters, terms of completion and acceptance 5. Agreement - the contract in its written form, contains the scope of work, contract price, and components of the whole contract.

6. Performance bond - A form of bond intended to protect the owner in the event that the contractor is unable to finish the work in accordance with the plans and specifications. - A bonding company (surety) guarantees the owner that the project will be completed by the contractor. In the event the contractor is unable to finish the project, the surety uses the amount of the bond to engage the services of another contractor who will finish the project. If and when the original contractor finishes the project, the performance bond he posted is cancelled. 7. General Specifications - specifications of general character relating to the project. 8. Detailed Specifications - specifications relating to a particular item of work. 9. Plans and Drawings

Payment for Extra Work - When changes in the contract are made necessary because conditions arise which had not been readily determined before the beginning of the work, the contractor may, by written notice to the owner, negotiate for supplemental contract or variation order. Payment Due to Inflation - In the event of an inflation in currency, the contract stipulation on the limit of inflation rate beyond which the contractor can claim for extra cost shall be the basis. - If there is no contract stipulation on this matter, the contractor may ask the court to intervene but he must prove that the inflation is extra-ordinary.

Labor Code of the Philippines - the law governing employment practices and labor relations . - prescribes the rules for hiring and termination of private employees, the conditions of work including maximum working hours and overtime, employee benefits such as holiday pay, thirteenth month pay and retirement pay; and the guidelines in the organization and membership in labor union as well as in collective bargaining. - contains several provisions which are beneficial to labor. - it prohibits termination from employment of Private employees except for just or authorized causes as prescribed in Article 282 to 284 of the Code. - The right to trade union is expressly recognized, as is the right of a union to insist on a closed shop . - Strikes are also authorized for as long as they comply with the strict requirements under the Code, and workers who organize or participate in illegal strikes may be subject to dismissal. - Moreover, Philippine jurisprudence has long applied a rule that any doubts in the interpretation of law, especially the Labor Code, will be resolved in favor of labor and against management.

Hours of work (Labor Code of the Philippines) Coverage. All establishments and undertakings, whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another and workers who are paid by results as determined by the Secretary of Labor and Employment in appropriate regulations. Field personnel refers to non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty. Article 83. Normal hours of work. The normal hours of work of any employee shall not exceed eight in a day. Health personnel (hospital or clinic personnel) in cities or municipalities with a population of at least one million or in hospitals or clinics with a bed capacity of at least one hundred shall hold regular office hours for eight hours a day, for five days a week, or a total of forty hours a week, exclusive of time for meals, except where the exigencies of the service require that such personnel work for six days, forty-eight hours, in which case they shall be entitled to an additional compensation of at least 30 percent of their regular wage for work on the sixth day

Article 84. Hours worked. Hours worked shall include (a) all time during which an employee is required to be on duty or to be at a prescribed workplace, and (b) all time during which an employee is suffered or permitted to work. Rest periods of short duration during working hours shall be counted as hours worked. Article 85. Meal periods. Subject to such regulations as the Secretary of Labor and Employment may prescribe, it shall be the duty of every employer to give his employees not less than sixty minutes time-off for their regular meals. Article 86. Night shift differential. Every employee shall be paid a night shift differential of not less than ten percent of his regular wage for each hour of work performed between ten o'clock in the evening and six o'clock in the morning. Article 87. Overtime work. Work may be performed beyond eight hours a day provided that the employee is paid for the overtime work an additional compensation equivalent to his regular wage plus at least twenty-five percent thereof. Work performed beyond eight hours on a holiday or rest day shall be paid an additional compensation equivalent to the rate for the first eight hours on a holiday or rest day plus at least 30 percent thereof.

Article 88. Undertime not offset be overtime. Undertime work on any particular day shall not be offset by overtime work on any other day. Permission given to the employee to go on leave on some other day of the week shall not exempt the employer from paying the additional compensation required in this Chapter. Weekly Rest Periods Article 91. Right to weekly rest day. (a) It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period of not less than twenty-four consecutive hours after every six consecutive normal work days. (b) The employer shall determine and schedule the weekly rest day of his employees, subject to collective agreement and to such rules and regulations as the Secretary of Labor and Employment may provide. However, the employer shall respect the preference of employees as to their weekly rest day when such preference is based on religious grounds.

Article 92. When employer may require work on a rest day. The employer may require his employees to work on any day: (a) In case of actual or impending emergencies caused by serious accidents, fire, flood, typhoon, earthquake, epidemic or other disaster or calamity to prevent loss of life and property or imminent danger to public safety; (b) In case of urgent work to be performed on the machinery, equipment or installation to avoid serious loss which the employer would otherwise suffer; (c) In the event of abnormal pressure of work due to special circumstances, where the employer cannot ordinarily be expected to resort to other measures; (d) To prevent loss or damage to perishable goods; (e) Where the nature of the work requires continuous operations and the stoppage of work may result in irreparable injury or loss to the employer; and (f) Under other circumstances analogous or similar to the foregoing as determined by the Secretary of Labor and Employment.

Article 93. Compensation for rest day, Sunday or holiday work. (a) Where an employee is made or permitted to work on his scheduled rest day, he shall be paid an additional compensation of at least 30 percent of his regular wage. An employee shall be entitled to such additional compensation for work performed on Sunday only when it is his established rest day. (b) When the nature of the work of the employee is such that he has no regular workdays and no regular rest days can be scheduled, he shall be paid an additional compensation of at least 30 percent of his regular wage for work performed on Sundays and holidays. (c) Work performed on any special holiday shall be paid an additional compensation of at least 30 percent of the regular wage of the employee. Where such holiday work falls on the employee's scheduled rest day, he shall be entitled to an additional compensation of at least 50 percent of his regular wage. (d) Where the collective bargaining agreement or other applicable employment contract stipulates the payment of a higher premium pay than that prescribed under this Article, the employer shall pay such higher rate.

HOLIDAYS, SERVICE INCENTIVE LEAVES AND SERVICE CHARGES

Article 94. Right to holiday pay. (a) Every worker shall be paid his regular daily wage during regular holidays, except in retail and service establishment regularly employing less than ten workers; (b) The employer may require an employee to work on any holiday but such employee shall be paid a compensation equivalent to twice his regular rate; and (c) As used in this Article, "holiday" includes: New Year's Day, Maundy Thursday, Good Friday, the ninth of April, the first of May, the twelfth of June, last Sunday of August, first of November, the thirtieth of November, the twenty-fifth and the thirtieth of December, thirty-first of December, and the day designated by law for holding a general election.

Article 95. Right to service incentive leave. (a) Every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave of five days with pay. (b) This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay at least five days and those employed in establishments regularly employing less than ten employees or in establishments exempted from granting this benefit by the Secretary of Labor after considering the viability or financial condition of such establishment. (c) The grant of benefit in excess of that provided herein shall not be made a subject of arbitration or any court or administrative action.

MINIMUM WAGE RATES

Article 99. Regional Minimum Wages. The minimum wage rates for agricultural and nonagricultural employees and workers in each and every region of the country shall be determined by the Commission, which shall be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. Article 112. Non-interference in disposal of wages. No employer shall limit or otherwise interfere with the freedom of any employee to dispose of his wages. He shall not in any manner force, compel or oblige his employees to purchase merchandise, commodities or other property from the employer or from any other person or otherwise make use of any store or services of such employer or any other person. Article 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees except: (a) In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance; (b) For union dues, in cases where the right of the worker or his union to check off has been recognized by the employer or authorized in writing by the individual worker concerned; and (c) In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment

Article 120. Creation of the National Wages and Productivity Commission. There is hereby created a National Wages and Productivity Commission, hereinafter referred to as the Commission, which shall be attached to the Department of Labor and Employment (DOLE) for policy and program coordination. (As amended by RA 6727) Article 122. Creation of Regional Tripartite Wages and Productivity Boards. There is hereby created Regional Tripartite Wages and Productivity Boards, hereinafter referred to as Regional Boards in all regions, including autonomous regions as may be established by law. The Commission shall determine the offices/headquarters of the respective Regional Boards. The Regional Boards shall have the following powers and functions in their respective territorial jurisdiction: xxx (b) To determine and fix minimum wage rates applicable in their respective regions, provinces or industries therein and to issue the corresponding wage orders, subject to guidelines issued by the Commission;

TERMINATION OF EMPLOYMENT Article 278. Coverage. The provisions of this Title shall apply to all establishments or undertakings, whether for profit or not. Article 279. Security of Tenure. In case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and to his backwages computed from the time his compensation was withheld from him up to time of his reinstatement. (As amended by RA 6715) Article 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreements of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer except where the employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.

Article 282. Termination by employer. An employer may terminate an employment for any of the following just causes: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; (b) Gross and habitual neglect by the employee of his duties; (c) Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; (d) Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative; and (e) Other causes analogous to the foregoing.

Article 283. Closure of establishment and reduction of personnel. The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this title, by serving a written notice on the workers and the Department of Labor and Employment at least one (1) month before the intended date thereof. In case of termination due to the installation of labor-saving devices or redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher. In case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at least six (6) months shall be considered one (1) whole year.

Article 284. Disease as ground for termination. An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one month salary or to one-half month salary for every year of service, whichever is greater, a fraction of at least six months being considered as one whole year. Article 285. Termination by employee. (a) An employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. (b) An employee may put an end to the relationship without serving any notice on the employer for any of the following just causes: (1) Serious insult by the employer or his representative on the honor and person of the employee; (2) Inhuman and unbearable treatment accorded the employee by the employer or his representative; (3) Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and (4) Other causes analogous to any of the foregoing.