VI. Suspension and Termination of Employment

VII. POST-EMPLOYMENT

A. Termination of Employment by Employer

B. Termination of Employment by Employee

C. Preventive Suspension (Omnibus Rules Implementing the Labor Code, Book V, Rule XIV, secs. 3-4)

D. Reliefs from Illegal Dismissal (Labor Code, Art. 294 [279])

E. Retirement (Labor Code, Art. 302 [287])

“Last In, First Out” Rule (LIFO)

When there are two or more employees occupying the same position in the company affected by the retrenchment program, where LIFO applies, the last one employed will generally be the first to go, subject to voluntary separation and applicable lawful selection criteria (Maya Farms Employees Organization v. NLRC, G.R. No. 106256, 1994)

However: No law mandates LIFO. A host of relevant factors come into play in determining cost-efficient measures in choosing the employees who will be retained or separated to save the company from closing shop. In determining these issues, management has to enjoy a pre-eminent role. (Asian Alcohol Corp. v. NLRC, G.R. No. 131108, 1999)

In case of installation of labor-saving devices, redundancy and retrenchment, the LIFO rule shall apply, except when an employee volunteers to be separated from employment (D.O. No. 147- 15, Sec. 5.4)