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Justice in Every Step: "Tama po ba ang Pag-tanggal sa Akin sa Trabaho due to Redundancy Program?"

  • Writer: Legis Lative
    Legis Lative
  • Feb 25
  • 2 min read


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For the implementation of a redundancy program to be valid, the employer must comply with the following requisites:


(1) written notice served on both the employees and the [DOLE] at least one month prior to the intended date of separation;

(2) payment of separation pay equivalent to at least one month pay or at least one month pay for every year of service, whichever is higher;

(3) good faith in abolishing the redundant positions; and

(4) fair and reasonable criteria in ascertaining what positions are to be declared redundant and' accordingly abolished


FAIR AND REASONABLE CRITERIA may include but are not limited to the following:


(a) less preferred status (e.g., temporary employee);

(b) efficiency; and

(c) seniority.


The presence of these criteria used by the employer shows good faith on its part and is evidence that the implementation of redundancy was painstakingly done by the employer in order to properly justify the termination from the service of its employees.


Sources:

Manggagawa ng Komunikasyon sa Pilipinas v. PLDT Company Incorporated, G.R. No. 190389-90, April 19, 2017

Golden Thread Knitting Industries, Inc. v. NLRC, G.R. No. 119157, 11 Mar. 1999

Arabit v. Jardine Pacific Finance, Inc. (Formerly MB Finance), 733 Phil. 41, 58-59 (2014).


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