Dear PAO,
I got romantically involved with a co-worker who happens to be married, and our relationship lasted for three years. When his wife found out, she reported the matter to our company, hoping that the both of us would be terminated from employment. Our company has yet to issue any memorandum regarding the issue, but I just want know if it is possible for employees to be validly dismissed from work on account of their personal affairs. Thank you.
Zai
Dear Zai,
In our jurisdiction, an employer can dismiss an employee based on just and authorized causes. Found in Article 297 of the Labor Code of the Philippines, a dismissal based on the former hinges on acts attributable to employee’s own misconduct or negligence, specifically:
“Article 297. Termination by Employer. An employer may terminate an employment for any of the following causes:
“a. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
“b. Gross and habitual neglect by the employee of his duties;
“c. Fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative;
“d. 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 authorize representative; and
“e. Other causes analogous to the foregoing.”
The crux of the question at hand is whether your illicit relationship with a co-worker who happens to be married, would be considered immoral as to constitute just cause to terminate both your employment under Article 297 of the same Code.
In Jose S. Santos, Jr. vs. National Labor Relations Commission, et al., (G.R. No. 115795, March 6, 1998, Ponente: Honorable Associate Justice Flerida Ruth Pineda-Romero), the Supreme Court upheld the validity of the dismissal of a teacher, a married man who engaged on an extramarital affair with his co-worker, another teacher who is likewise married, on account of their civil status and profession. According to the high court, the illicit relationship amounted to immorality that justifies his termination from employment, considering that teachers “must adhere to the exacting standards of morality and decency.” It added, “[t]here is no dichotomy of morality. A teacher, both in his official and personal conduct, must display exemplary behavior. He must freely and willingly accept restrictions on his conduct that might be viewed irksome by ordinary citizens. In other words, the personal behavior of teachers, in and outside the classroom, must be beyond reproach.”
At this juncture, it bears noting that immorality has been defined as “a course of conduct that offends the morals of the community,” connoting conducts or acts that are “willful, flagrant or shameless, and that shows indifference to the moral standards of the upright and respectable members of the community.” From this, it can be inferred that immoral or disgraceful conducts can be those which plainly contradict the accepted standards of right and wrong behavior. (Zaida R. Inocente vs. St. Vincent Foundation for Children and Aging, Inc./Veronica Manguito, G.R. No. 202621, June 22, 2016, Ponente: Honorable Associate Justice Arturo D. Brion)
Regardless of any definition and characterization, however, the determination of whether an act can be considered as immoral so as to justify one’s dismissal from employment is largely dependent on the attendant circumstances, prevailing norms of conduct, and applicable laws.
We hope that we were able to answer your queries. This advice is solely based on the facts you have narrated and our appreciation of the same. Our opinion may vary when other facts are changed or elaborated.
Thank you for your continued trust and support.
