This case has been cited 1 times or more.
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2013-12-09 |
PERLAS-BERNABE, J. |
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| Article 297 of the Labor Code provides that before any employee is terminated due to closure of business, it must give a one (1) month prior written notice to the employee and to the DOLE. In this relation, case law instructs that it is the personal right of the employee to be personally informed of his proposed dismissal as well as the reasons therefor; and such requirement of notice is not a mere technicality or formality which the employer may dispense with.[32] Since the purpose of previous notice is to, among others, give the employee some time to prepare for the eventual loss of his job,[33] the employer has the positive duty to inform each and every employee of their impending termination of employment. To this end, jurisprudence states that an employer's act of posting notices to this effect in conspicuous areas in the workplace is not enough. Verily, for something as significant as the involuntary loss of one's employment, nothing less than an individually-addressed notice of dismissal supplied to each worker is proper.As enunciated in the case of Galaxie:[34] | |||||