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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:
Employees may validly refuse an employer’s order only when the order is unreasonable, unlawful, immoral, impossible, or unrelated to their job duties. In contrast, refusal of a lawful and reasonable order may constitute willful disobedience or insubordination, which is a just cause for dismissal under the Labor Code.
Under Article 297 (formerly Article 282) of the Labor Code one of the causes for termination of employment by the employer is serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work.
It has been consistently held that not every refusal to obey warrants dismissal. For willful disobedience to exist, the case of Ador v Jamila and Company Security Services, Inc., G.R. No. 245422, July 07, 2020, states two (2) requisites must concur:
- The employee’s assailed conduct must have been willful which is characterized by a wrongful and perverse attitude; and
- The order violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties which he had been engaged to discharge
Thus, even if an employee refuses to follow an order, dismissal cannot stand if the order is unreasonable, illegal, or outside the employee’s scope of work.
The court elaborated this doctrine in the case of Reyes v. Rural Bank of San Rafael (Bulacan), Inc., G.R. No. 230597, March 23, 2022, citing Dongon v. Rapid Movers and Forwardes Co., Inc. The court emphasized, for willful disobedience to be a ground for dismissal, it is required that: (a) the conduct of the employee must be willful or intentional and (b) the order the employee violated must have been reasonable, lawful, made known to the employee, and must pertain to the duties that he had been engaged to discharge. Willfulness must be attended by a wrongful and perverse mental attitude rendering the employee’s act inconsistent with proper subordination. In any case, the conduct of the employee that is a valid ground for dismissal under the Labor Code constitutes harmful behavior against the business interest or person of his employer. It is implied that in every act of willful disobedience, the erring employee obtains undue advantage detrimental to the business interest of the employer.
Hence, employees may validly refuse an employer’s order only when the order is unreasonable, unlawful, immoral, impossible, or unrelated to their job duties. In contrast, refusal of a lawful and reasonable order may constitute willful disobedience or insubordination, which is a just cause for dismissal under the Labor Code.
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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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