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Labor Code

Illegal dismissal under the Labor Code

Regular employees may be dismissed only for just or authorized causes with due process; reliefs include reinstatement and full backwages (Art. 294).

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Just causes

Art. 297 (ex-282): serious misconduct, willful disobedience, gross neglect, fraud/breach of trust, crime against employer, analogous causes.

Authorized causes

Arts. 298–299: installation of labor-saving devices, redundancy, retrenchment, closure, disease — with notice to DOLE/employee and separation pay as provided.

Relief

Art. 294: reinstatement without loss of seniority and full backwages from withholding until reinstatement (or separation pay in lieu when ordered).

Sources

Last reviewed November 9, 2026. Laws, rules and Bar Bulletins change; if a source above has been amended or superseded, the official text controls.

Illegal dismissal under the Labor Code — FAQ

Procedural due process?

Twin-notice + opportunity to be heard (Art. 292(b); Agabon / Jaka lines of cases).

Nominal damages?

When cause exists but procedure fails — see Agabon v. NLRC, G.R. No. 158693, 17 Nov 2004.

Compute money?

Use ocoai labor calculator.

Related guides and tools

How to file a small claims case in the Philippines

A.M. No. 08-8-7-SC small claims filing steps, venue, forms and final judgment.

How to file an NLRC labor complaint

SENA, RAB venue, position paper and 10-day appeal under Labor Code Art. 229.

Annulment and nullity of marriage in the Philippines

Family Code Arts. 35–38, 36, 45–47: void vs voidable marriages and filing periods.

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Illegal dismissal under the Labor Code | ocoai