Security
of tenure
Security of tenure is the right not to be
removed from one’s job without valid cause and valid procedure.
Constitutional
Guaranty of Tenure
The policy of the state is to assure the
right of workers to “security of tenure.” (Art. VIII, Sec 3, 1987 Constitution)
The guaranty is an act of social justice.
When a person has no property, his job may
possibly be his only possession or means of livelihood. Therefore, he should be
protected against any arbitrary deprivation of his job. (Rance vs NLRC, G.R. No. 68147, June 30, 1988)
What is
the extent of the application of security of tenure?
Security of tenure does not exclusively apply
to regular employment only. It also applies to probationary, seasonal,
project and other forms of employment during the effectivity thereof.
Terminating a probationary employee needs a
valid reason and proper procedure. So also a project or seasonal employee
enjoys security of tenure even just for the duration of the limited period of
employment.
Managerial employees also
enjoy security of tenure. The principle of security of tenure applies not only
to rank-and-file employees but also to managerial employees. (PLDT vs.
Tolentino, G. R. No. 143171, Sept. 21, 2004).
While an employer its own interest to
protect, and pursuant thereto, it may terminate a managerial employee for a
just cause, such prerogative to dismiss or lay off an employee must be
exercised without abuse of discretion, for what is at stake is not only
the employee’s position but also his means of livelihood. The fact that one is
a managerial employee does not by itself exclude him from the protection of the
constitutional guarantee of security of tenure. (Fujitsu Computer Products
Corporation of the Philippines vs. CA, G. R. No. 158232, April 8, 2005;
Maglutac vs. NLRC, 189 SCRA 767 [1990]).
● An in-house legal counsel may be an
employee – in fact, a regular employee. He is entitled to security of tenure.
The relationship is that of an employer-employee, and not that of
client-lawyer. To terminate the relationship, the applicable law is the Labor
Code, not the Rules of Court.
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