Labor law
in the Philippines.

In the Philippines, employment laws are primarily governed by the Labor Code of the Philippines, which serves as the comprehensive statute covering various aspects of labor and employment. However, there are other relevant legal documents and regulations that complement and further define employment rights and obligations. Some of the most important legal documents other than the Labor Code of the Philippines related to employment law in the Philippines include:

• Social Security Act of 2018 (Republic Act No. 11199): This law establishes the Philippine Social Security System and provides for social security benefits for employees, including retirement, disability, sickness, maternity, and death benefits.
• Republic Act No. 10361 (RA 10361) or the Domestic Workers Act: This law, also known as the “Batas Kasambahay,” provides special protection and benefits for domestic workers, defining their rights. 

Yes, an employer can terminate an employee during their probationary period. The amount of notice to give can be stipulated in the employment contract. However, 30 days’ notice is the standard. 

Yes, an employee can terminate an employment contract during their probationary period. The amount of notice to give can be stipulated in the employment contract. However, 30 days’ notice is the standard. 

In the Philippines, employment termination can occur for various reasons. However, employers must follow due process and adhere to the provisions set forth in the Labor Code to ensure that the termination is legally valid. Some of the authorized causes for termination in the Philippines include:

Just Causes:

a. Serious misconduct or wilful disobedience to lawful orders.
b. Gross and habitual neglect of duties.
c. Fraud or wilful breach of trust.
d. Commission of a crime or offense against the employer or a co-worker.
e. Loss of trust and confidence due to a legitimate reason, such as unauthorized disclosure of company trade secrets or confidential information.

Authorized Causes:

a. Retrenchment or downsizing to prevent losses.
b. Closure or cessation of operations due to business reasons.
c. Disease or illness that renders the employee unfit for continued employment.

If the employer has one of the above reasons to terminate employment then the process is to give written notice 30 days’ prior to going into effect, hold a hearing with the employee so they know the reason, and last, hold an exit interview.