4. Security of Tenure (Art. XIII)

Security of Tenure

Article 294. Security of Tenure. In case of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. xxx

Security of Tenure Applicable to Probationary Employees

The foregoing shall also apply in cases of probationary employment; provided, however, that in such cases, termination of employment due to failure of the employee to qualify in accordance with the standard of the employer made known to the former at the time of engagement may also be a ground for termination of employment. (Labor Code, Art. 296 [281])

In cases of project employment or employment covered by legitimate contracting or subcontracting arrangements, no employee shall be dismissed prior to the completion of the project or phase thereof for which the employee was engaged, or prior to the expiration of the contract between the principal and contractor, unless the dismissal is for just or authorized cause subject to the requirements of due process or prior notice, or is brought about by the completion of the phase of the project or contract for which the employee was engaged. (Labor Code, Art. 294 [279]; DOLE Department Order No. 174, series of 2017)

Security of tenure of contractor’s employees. It is understood that all contractor’s employees enjoy security of tenure regardless of whether the contract of employment is co-terminus with the service agreement, or for a specific job, work or service, or phase thereof. (Labor Code, Art. 294 [279]; DOLE Department Order No. 174, series of 2017)

Security of Tenure

It is a constitutionally protected right and applies to all workers (Phil. Const. art. XIII, Sec. 3)

In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by the provisions of the Labor Code. (Labor Code, Art. 294)

Security of tenure is the constitutional right granted to the employee, that the employer shall not terminate the services of the employee except for just cause or when authorized by law. It extends to regular (permanent) as well as nonregular (temporary) employment. (Kiamco v. NLRC, G.R. No. 129449, 1999)