Legal Question in Employment Law in Philippines

Hi,

Thank you for writing. May i know the status of the labor case that was filed by your mother? You may also like us on facebook at The Legal Forum Philippines so we can continue our discussions there. https://www.facebook.com/pages/The-Legal-Forum-Philippines/124205158794.

Regards,

Alex Acain

For a termination be valid there should be a just and/or authorized cause in the dismissal Moreover, before effecting dismissal your mother should be notified in writing on the acts and omissions alleged to have been committed and given an opportunity to explain. Further, an administrative investigation will be conducted wherein your mother will be given opportunity to be heard and present evidence on her side. Thereafter, a decision can be made after evaluating the facts and evidence gathered during the administrative investigation. It could be termination or suspension depending on the ground alleged to have been established by substantial evidence. If the grounds were not proven then the dismissal is illegal.

On the other hand, if the contract as a registrar is on a yearly basis then your mother's term will end upon the expiration of the fixed period employment as a registrar. But not as a regular employee of the school (only as the registrar). Your mother cannot acquire a vested right to be a permanent school registrar if she only holds the same on a fixed period. However, if the fixed period is being made to avoid your mother from acquiring a regular status then that fixed period is violating the right to security of tenure.

The accurate legal opinion on your mother's case will all depend on the circumstances of her case.

Good luck to you.