REPUBLIC ACT No. 1787
AN ACT TO AMEND SECTIONS ONE AND TWO OF REPUBLIC ACT NUMBERED TEN HUNDRED AND FIFTY-TWO. (Re termination pay.)
Section 1. Section one of Republic Act Numbered Ten hundred and fifty-two is hereby amended to read as follows:
"Sec. 1. In cases of employment, without a definite period, in a commercial, industrial, or agricultural establishment or enterprise, the employer or the employee may terminate at any time the employment with just cause; or without just cause in the case of an employee by serving written notice on the employer at least one month in advance, or in the case of an employer, by serving such notice to the employee at least one month in advance or one-half month for every year of service of the employee, whichever is longer, a fraction of at least six months being considered as one whole year.
"The employer, upon whom no such notice was served in case of termination of employment without just cause may hold the employee liable for damages.
"The...
Details
Amends
n/a
Amended by
n/a
Republic Acts
AN ACT TO AMEND SECTIONS ONE AND TWO OF REPUBLIC ACT NUMBERED TEN HUNDRED AND FIFTY-TWO. (Re termination pay.)
Republic Act No. 1787
Summary of Republic Act No. 1787
Termination of Employment Without Definite Period
- Employer or employee may terminate employment with just cause at any time. (Section 1)
- Without just cause, employee must give 1 month's written notice, or employer must give:
- 1 month's notice, or
- 1/2 month per year of service, whichever is longer (minimum 6 months = 1 year). (Section 1)
- If no notice given, employer liable for damages, employee entitled to compensation equal to salary for notice period. (Section 1)
Just Causes for Termination
1. By Employer: (Section 1)
- Closure/cessation of operations (unless to defeat law's intent)
- Serious misconduct or willful disobedience
- Gross and habitual neglect of duties
- Fraud or willful breach of trust
- Crime/offense against employer or family
- Other analogous causes
2. By Employee: (Section 1)
- Serious insult to honor/person
- Inhuman and unbearable treatment
- Crime/offense by employer against employee or family
- Other analogous causes
Suspension of Operations and Military/Civic Duty
- Suspension of operations up to 6 months not attributable to employer's fault does not terminate employment. (Section 2)
- Employee must be reinstated after military/civic duty within 60 days of relief. Employer's failure is liable for damages. (Section 2)
Collective Bargaining Agreements
- Contracts contrary to Section 1 are null and void. (Section 2)
- Employers and employees may agree to more liberal terms than this law. (Section 2)
Termination of Employment Without Definite Period
- Employer or employee may terminate employment with just cause at any time. (Section 1)
- Without just cause, employee must give 1 month's written notice, or employer must give:
- 1 month's notice, or
- 1/2 month per year of service, whichever is longer (minimum 6 months = 1 year). (Section 1)
- If no notice given, employer liable for damages, employee entitled to compensation equal to salary for notice period. (Section 1)
Just Causes for Termination
1. By Employer: (Section 1)
- Closure/cessation of operations (unless to defeat law's intent)
- Serious misconduct or willful disobedience
- Gross and habitual neglect of duties
- Fraud or willful breach of trust
- Crime/offense against employer or family
- Other analogous causes
2. By Employee: (Section 1)
- Serious insult to honor/person
- Inhuman and unbearable treatment
- Crime/offense by employer against employee or family
- Other analogous causes
Suspension of Operations and Military/Civic Duty
- Suspension of operations up to 6 months not attributable to employer's fault does not terminate employment. (Section 2)
- Employee must be reinstated after military/civic duty within 60 days of relief. Employer's failure is liable for damages. (Section 2)
Collective Bargaining Agreements
- Contracts contrary to Section 1 are null and void. (Section 2)
- Employers and employees may agree to more liberal terms than this law. (Section 2)