Security of Tenure: What Every Employee Should Know

What is security of tenure?

Under Article 294 (formerly 279) of the Labor Code (P.D. 442), an employee who has been regularized cannot be dismissed except for just or authorized causes and only after due process (notice and hearing).

Just causes (Art. 297)

• Serious misconduct or willful disobedience
• Gross and habitual neglect of duties
• Fraud or willful breach of trust
• Commission of a crime against the employer or family
• Analogous causes

Authorized causes (Art. 298–299)

• Installation of labor-saving devices, redundancy, retrenchment, or closure — with separation pay where required
• Disease as provided by law

Practice tip: "At-will" employment does not exist in the Philippines. If you believe you were dismissed without just cause or due process, you may file a case before the NLRC within 4 years for money claims, or for illegal dismissal within 4 years from dismissal.

This article is general information and not legal advice.