Illegal dismissal in the Philippines is a serious violation of labor rights. The 1987 Constitution guarantees every employee the right to security of tenure, which means you cannot be fired unless your employer has a just or authorized cause and follows due process. This protection is not just a legal safeguard as it is a recognition of the value of workers and their right to fair treatment in the workplace.
This fundamental right is rooted in the principle of social justice: those who have less in life should have more in law. Our labor laws are designed to protect the working class and safeguard your livelihood.
When is a Dismissal Illegal?
Despite these strong legal protections, illegal dismissal still happens. One of the most common and often misunderstood forms of illegal dismissal is when an employee is prevented from actually doing their job without valid reason.
Being Barred from Work is Dismissal
As the Supreme Court recently reiterated in the case of Amor, et al. vs. Constant Packaging Corporation, G.R. No. 259988, April 02, 2025, act preventing an employee from reporting to work is considered as dismissal, and that dismissal without just or authorized cause and without compliance with procedural due process is illegal.
In this case, a group of workers raised valid concerns about their wages and working conditions. Instead of addressing the issues, the company's security personnel barred them from entering the premises.
The Supreme Court ruled this was a clear act of illegal dismissal. If you are ready and willing to work, and your employer arbitrarily prevents you from stepping into the workplace for no valid reason, that is tantamount to termination.
Thus, if you have been prevented from working or terminated without a just or authorized cause and without receiving proper due process, your constitutional right is violated.
Protecting your Constitutional Right
If you believe you are a victim of illegal dismissal in the Philippines, do not wait until it is too late to assert your rights. Our labor laws protect employees against unjust terminations, and legal remedies such as reinstatement, backwages, or separation pay may be available to you. Contact us today at inquiries@mpeclaw.com or (+63) 976 385 6705 to schedule a consultation and start the process of protecting your rights against illegal dismissal.