Labor and Employment Law
What it is: In the Philippines, wrongful termination is generally addressed as illegal dismissal, meaning an employee was terminated without a just cause (such as serious misconduct) or an authorized cause (such as redundancy or retrenchment), or without observing the required due process, under the Labor Code of the Philippines. When a dismissal is found illegal, remedies can include reinstatement without loss of seniority, full back wages from the time of dismissal, or separation pay in lieu of reinstatement where reinstatement is no longer viable. When it applies: You may have a claim if you were fired without a valid ground, without the proper twin-notice requirement and opportunity to be heard, or through constructive dismissal, where working conditions were made so unbearable that you were effectively forced to resign. Demotions, unexplained floating status, or drastic pay cuts can also amount to constructive dismissal. Strict filing periods apply, so it is important to act promptly. How a lawyer helps: A labor lawyer evaluates whether your dismissal was legal, computes your money claims including back wages and benefits, and files or defends a complaint, beginning with the mandatory Single Entry Approach conciliation and proceeding before the National Labor Relations Commission (NLRC) if unresolved. The lawyer prepares position papers, represents you through hearings, and handles appeals to the Commission and the courts. First steps: Keep your employment contract, payslips, company IDs, notices, and any messages or emails about your dismissal, write a clear timeline of events, and consult a lawyer quickly to protect your deadlines and preserve evidence.
