PHILIPPINES Law and Practice Contributed by: Rashel Ann C Pomoy and Paolo Miguel Consignado, Villaraza & Angangco
employer and employee, without coercion or undue influence. Otherwise, this will be tantamount to con - structive dismissal. As a contractual agreement, the procedural and sub - stantive due process requirements under the Philip - pine Labour Code are not applicable. However, if the termination agreement is based on authorised causes, such as redundancy or retrenchment, the employee must receive at least the minimum separation pay mandated by law, as outlined in 7.2 Notice Periods . Releases, Waivers, and Quitclaims Case law has recognised the validity of the waivers and quitclaims signed by the employees, provided they are credible, reasonable, and voluntarily execut - ed. The Supreme Court has also upheld the validity of quitclaims where the workers voluntarily accepted a reasonable amount or consideration as settlement. However, a waiver of claims must not include rights or benefits that cannot be legally waived under Philip - pine law, such as those related to illegal dismissal or non-waivable statutory benefits. Such waiver shall be considered null and void for being contrary to public policy. 7.5 Protected Categories of Employee Women Employees Under Article 134 of the Philippine Labour Code, it is unlawful for an employer to require as a condition for or continuation of employment that a woman employ - ee shall not get married. Employers are also prohibited from stipulating that once a woman employee mar - ries, she will be automatically considered resigned or terminated. Under Article 135, employers also cannot dismiss a woman due to her pregnancy or while she is on mater - nity leave, or refuse to admit or to discharge a woman back to work after maternity leave for fear that she may become pregnant again. Article 158 of the Philippine Labour Code and Repub - lic Act No 10151 provide that women nightworkers shall likewise not be dismissed for reasons of preg - nancy, childbirth or childcare responsibilities. Women nightworkers shall not lose the benefits regarding their
employment status, seniority, and access to promo - tion which may attach to their regular night work posi - tion. Domestic Workers or Kasambahays Republic Act No 10361, or the “Kasambahay Act”, protects against the dismissal of domestic workers (eg, general housekeepers, cooks, gardeners, laun - dry persons), who can be terminated for the following causes: • misconduct or wilful disobedience; • gross or habitual neglect; • fraud or breach of trust; • crime or offence; • violation of terms and conditions of employment; • disease; and • other analogous causes. If a kasambahay is dismissed for reasons other than these causes, the employer is required to pay com - pensation equivalent to 15 days’ worth of work. Moreover, pregnancy and marriage are explicitly identified as invalid grounds for termination under the law. Employers cannot dismiss a kasambahay merely because they become pregnant or get mar - ried. This protection aligns with the broader labour laws that prohibit discrimination based on marital sta - tus or pregnancy, ensuring that domestic workers are treated fairly and their personal circumstances are not used as a basis for dismissal. Persons with Disabilities Under Section 32 of the Republic Act No 7277, as amended by Republic Act No 9442, or the “Magna Carta for Persons with Disability”, persons with dis - ability (PWDs) cannot be dismissed simply because of their disability, unless the employer can demonstrate that the disability impairs the satisfactory performance of essential job functions, causing prejudice to the business. Union Members, Officers, and Employee Representatives Article 259 (b) of the Philippine Labour Code prohibits employers from requiring employees to refrain from joining a labour organisation or compelling them to
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