The Fine Line Between Earning Extra Income and Employee Disloyalty
n
G.R. No. 111211, July 24, 1997
nn
Imagine needing to rush your child to the hospital, scrambling for funds, and then facing dismissal from your job for trying to make ends meet. This is the harsh reality explored in the ABS-CBN Employees Union case, which delves into the tricky area of employee disloyalty and the extent to which employers can control an employee’s activities outside of work hours. The case hinges on the dismissal of Jose Entradicho, a cameraman for ABS-CBN, who was fired for working on a competing TV program on a day he claimed to be tending to his sick child. The central question is whether accepting outside work, particularly with a competitor, constitutes sufficient grounds for dismissal based on disloyalty.
nn
Understanding Disloyalty as Grounds for Dismissal under Philippine Law
nn
Philippine labor law allows employers to terminate employment for just causes, including serious misconduct and willful breach of trust. These are outlined in the Labor Code of the Philippines. Disloyalty, particularly working for a competitor, can fall under these categories, but the determination is highly fact-dependent. Article 297 (formerly Article 282) of the Labor Code specifies the grounds for termination by an employer:
nn
“An employer may terminate an employment for any of the following causes:n
n
- Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
n
- Gross and habitual neglect by the employee of his duties;
n
- Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
n
- Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and
n
- Other causes analogous to the foregoing.”
n
n
nn
The key here is to prove that the employee’s actions genuinely prejudiced the employer’s interests. Furthermore, employers must adhere to due process, which includes providing written notice and an opportunity for the employee to be heard.
nn
The ABS-CBN Cameraman’s Dismissal: A Case Study in Disloyalty
nn
Jose Entradicho, a cameraman at ABS-CBN, found himself in hot water after missing a taping session for
Leave a Reply