Talk Back and you’re Fired—Grievances and how to properly address Superiors

Generally, labor laws are out to protect the employee more than the company—if you’re a Filipino attorney who specializes in labor proceedings, you’d know that the court will almost always pass judgment in favor of the employee. There are a lot of flexible conditions under the law that benefit the employee, although, to balance the power, there are a few laws that are made in favor of the employer (the employer is not obligated to pay for overtime that he did not ask for, for example).

Among these rights that the labor code upholds in favor of the employer is the right to terminate employees who exhibit insubordination and contempt towards their superiors.

For one, and employer can control and regulate, without restraint, every aspect of their business, all in accordance with other preceding labor laws, of course. Can the employer remove your mandated one hour break every day? No, your employer cannot. Can your employer punish you if you go beyond one hour for a break? Yes, yes your employer can. The employer can regulate and manipulate company policy without restraint so long as the policies are grounded restrictions of the labor code—some companies allow their people to play video games on breaks and some don’t; the law doesn’t have anything on this so the company can make the rules regarding the matter as they please. We’ll talk on the duality of protective and applicable laws on another article, but for now, let’s get to insubordination and disrespectful behavior.

Article 282 of the Labor Code states that there are four circumstances that, if one of them is met, will be enough reason for termination no matter the tenure or position of an employee. Two of these read “Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work” and “Gross and habitual neglect by the employer of his duties.”

In the case of Nissan Motors Phils., Inc., v Victorino Angelo G.R. No. 164181, the law ruled in favor of petitioner Nissan, saying that the termination of respondent is valid, despite tenure, because of two reasons: 1) albeit respondent had the right to be able to render his leaves, he failed to delegate his task, even if temporarily, to another employee, and that 2) respondent’s Letter-Explanation was “grossly discourteous in content and tenor” so much so that it “can be ground for dismissal or termination.”

So what does that mean to us working class? Well, for one, we are expected to fulfill a certain amount of duties that the company expects of us because the court will rule in favor of the employee if the amount or nature of work is beyond the working capacity of said employee. However, we must also be responsible for said tasks and ensure that the fulfillment of said duties must not be neglected.

Yes, we have the right to free speech, but free speech entails informed and civilized discourse. We can say our grievances regarding our bosses, our supervisors, or even the system, but there must always be the precedence of respectful language and a legitimate channel (meaning through consultancy, counseling, etc., and not through gossip). As in the words of King Priam in the movie Troy (2004, Warner Bros. Pictures) “You (Achilles) are still my enemy tonight. But even enemies can show respect.”