Legal Question in Civil Rights Law in Philippines
illegal termination
if you illegaly terminated from job with due process,is employee can get his termination fee and other benefits?
2 Answers from Attorneys
Re: illegal termination
if employee is terminated with due process, then there is no termination fee (in the very first place, no such thing as termination fee in the Labor Code) and other benefits because the termination is attended with DUE PROCESS. Due process is what makes your termination valid. Thanks
Re: illegal termination
By illegal termination with due process means that you have been terminated without just or authorized cause/s although you have been afforded with the twin requirements of due process, the notice and hearing. In that case if your employer has failed to establish the just or authorized cause/s for your termination despite an investigation was conducted then you have a case for illegal dismissal.The reliefs provided by law for illegal termination are backwages and reinstatement. The backwages will be computed from the time you were dismissed up to your reinstatement without loss of seniory rights and other privileges and other monetary benefits.I suggest that you file a case before the National Labor Relations Commission (NLRC) for you to enforce the said reliefs.
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