This case has been cited 1 times or more.
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2013-06-26 |
SERENO, C.J. |
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| True, under the Labor Code, separation pay may be given not only when there is illegal dismissal. In fact, it is also given to employees who are terminated for authorized causes, such as redundancy, retrenchment or installation of labor-saving devices under Article 283[29] of the Labor Code. Additionally, jurisprudence holds that separation pay may also be awarded for considerations of social justice, even if an employee has been terminated for a just cause other than serious misconduct or an act reflecting on moral character.[30] The Court has also ruled that separation pay may be awarded if it has become an established practice of the company to pay the said benefit to voluntarily resigning employees[31] or to those validly dismissed for non-membership in a union as required in a closed-shop agreement.[32] | |||||