Text of the provision
Art. 282. Termination by employer. An employer may terminate an employment for any of the following causes: Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; Gross and habitual neglect by the employee of his duties; Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; 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 Other causes analogous to the foregoing.
Labor Code of the Philippines, Presidential Decree No. 442, as amended. Reproduced in full from the official enactment and verified against the LawPhil and ChanRobles renderings.
What this article means
An employer may end employment for serious misconduct or willful disobedience of lawful work orders, gross and habitual neglect of duties, fraud or willful breach of trust, commission of a crime against the employer, his family or authorized representatives, and other analogous causes.
Questions about this provision
- Can I be dismissed for refusing to follow an order that would require me to break the law?
- Can I be dismissed for something I did against my employer's family member outside of work hours?
- If I break company property by accident, is that 'serious misconduct' or something less?
Related provisions
- Article 281 — Probationary Employment.
- Article 283 — Closure And Personnel Reduction.
A note on article numbers. The articles of the Labor Code have been administratively renumbered, so the same provision is often cited under a different number. Supreme Court decisions write both, in the form “Article 297 [282]” — the new number first, the original in brackets. The text on this page is published under its original number, which is the numbering both source texts use. When citing, check which numbering your source follows.
Cases interpreting this article
- Authorities on this article will be added here as each is verified against primary sources.