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Also, the matters contained in the following were written in accordance with the law, rules, and jurisprudence prevailing at the time of writing and posting, and do not include any future developments on the subject matter under discussion.
AT A GLANCE:
The act of preventing an employee from reporting to work is considered dismissal, and the lack of just or authorized cause and procedural due process makes it illegal. When an employee is able and willing to work, and the employer arbitrarily prevents them from working for no known and valid reason, then there is illegal dismissal.
In the case of Amor et al. v. Constant Packaging Corporation, G.R. No. 259988 dated May 19, 2025, the Supreme Court held that the act of preventing an employee from reporting to work is considered dismissal, and the lack of just or authorized cause and procedural due process makes it illegal.
When an employee is able and willing to work, evidenced by their proceeding to the company premises, and the employer arbitrarily prevents them from working for no known and valid reason, then there is illegal dismissal.
When respondents claim that they did not dismiss the petitioners from work, what respondents are actually arguing is that they abandoned their employment. However, to be considered abandonment, the employer must show that: (1) the employee must have failed to report to work or must have been absent without valid or justifiable reason; and (2) there must have been an overt act demonstrating clear intention on the part of the employee to sever the employer-employee relationship.
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Alburo Alburo and Associates Law Offices specializes in business law and labor law consulting. For inquiries regarding legal services, you may reach us at info@alburolaw.com, or dial us at (02)7745-4391/ 09175772207/ 09778050020.
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