Article 282 of the Labor Code: Termination of Limited-Term Appointment

The Labor Code of the Philippines is a comprehensive set of laws and regulations governing employment practices and labor relations in the country. Article 282 of the Labor Code specifically addresses the termination of limited-term appointments in the public sector. This article examines the provisions of Article 282 and discusses the grounds for termination, the procedure for termination, and the consequences of wrongful termination.

Grounds for Termination

Article 282 provides an exhaustive list of grounds for termination of employment in the Philippines. These grounds can be categorized into two types: personal causes and business-related causes.

Personal Causes

Personal causes are reasons specifically linked to the employee and may constitute valid grounds for dismissal. Some examples of personal causes include:

• Serious misconduct or willful disobedience of the lawful orders of the employer or representative in connection with their work.
• Gross and habitual neglect by the employee of their duties.
• Fraud or willful breach by the employee of the trust reposed to them by their employer or duly authorized representative.
• The commission of a crime or offense by the employee against the person of their employer or any immediate member of their family or their duly authorized representatives.
• Similar facts to those set out above.

Business-Related Causes

Business-related causes are justified by the need to safeguard the business or prevent closure or cessation of operations. These causes may include:

• The termination follows the implementation of labor-saving or redundancy devices when the business incurs losses and wishes to curb them.
• The termination follows the implementation of retrenchment devices when the business incurs losses and wishes to curb them.
• The termination follows the wish to prevent the closure of the establishment or undertaking, or to prevent the cessation of operation.
• The termination is justified by the closure of the establishment or undertaking, or the cessation of operations when it does not occur because of significant financial losses or financial reverses.

Procedure for Termination

The procedure for terminating a limited-term appointment in the Philippines is outlined in Article 282 of the Labor Code. The following steps must be followed:

1. The appointing power shall provide the employee with oral or written notice of the termination.
2. The employee has no right of appeal with the Board.

Consequences of Wrongful Termination

Wrongful termination of employment occurs when an employee is dismissed without a just or authorized cause. In such cases, the employee is entitled to the following remedies:

• Reinstatement without loss of seniority rights and privileges.
• Full back wages, inclusive of allowances, and other benefits or their monetary equivalent computed from the time their compensation was withheld from them up to the time of their actual reinstatement.
• Other benefits or their monetary equivalent as determined by the Labor Code or other relevant laws.

Conclusion

Article 282 of the Labor Code of the Philippines provides a clear framework for the termination of limited-term appointments in the public sector. The grounds for termination, the procedure for termination, and the consequences of wrongful termination are all clearly outlined in the article. Employers and employees should be familiar with the provisions of Article 282 to ensure that terminations are conducted in a fair and just manner.

FAQs

What is Article 282 of the Labor Code?

Article 282 of the Labor Code of the Philippines provides the grounds and procedure for the termination of limited-term appointments in the public sector.

What are the grounds for termination under Article 282?

The grounds for termination under Article 282 are divided into two categories: personal causes and business-related causes. Personal causes include serious misconduct, gross neglect of duties, fraud or breach of trust, and commission of a crime against the employer. Business-related causes include labor-saving or redundancy devices, retrenchment due to financial losses, and closure of the establishment.

What is the procedure for terminating a limited-term appointment under Article 282?

The procedure for terminating a limited-term appointment under Article 282 is as follows:

The appointing power shall provide the employee with oral or written notice of the termination.

The employee has no right of appeal with the Board.

What are the consequences of wrongful termination under Article 282?

Wrongful termination under Article 282 entitles the employee to the following remedies:
– Reinstatement without loss of seniority rights and privileges.
– Full back wages, inclusive of allowances, and other benefits or their monetary equivalent computed from the time their compensation was withheld from them up to the time of their actual reinstatement.
– Other benefits or their monetary equivalent as determined by the Labor Code or other relevant laws.

Who is covered by Article 282?

Article 282 covers employees in the public sector who are appointed to limited-term positions. This includes government employees, teachers, and other public servants.

What is the difference between personal causes and business-related causes for termination?

Personal causes for termination are related to the employee’s conduct or performance, while business-related causes are related to the financial or operational needs of the employer.

Can an employee appeal a termination under Article 282?

No, employees do not have the right to appeal a termination under Article 282. However, they may file a complaint with the Department of Labor and Employment (DOLE) if they believe that their termination was wrongful.

What should an employee do if they are wrongfully terminated?

If an employee is wrongfully terminated, they should file a complaint with the DOLE. The DOLE will investigate the complaint and may order the employer to reinstate the employee and pay back wages and other benefits.