Labor Law and Social Legislation › Suspension and Termination of Employment › Illegal Dismissal

2. Reliefs

RELIEFS FROM ILLEGAL DISMISSAL

An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (Labor Code, Art. 294)

Backwages + Reinstatement without loss of seniority rights, OR
Backwages + Separation Pay, if reinstatement impossible, or not ordered, in view of the application of the strained relations doctrine.

NOTE: Where reinstatement is ordered, but the position is already filled up, the dismissed employee must still be reinstated if it is still possible.

Reliefs of local workers vs. migrant workers

Art. 294 [279], Labor Code (LOCAL WORKERS)	Sec. 10, RA 8042 (MIGRANT WORKERS)
Reinstatement	Full reimbursement of his placement fee with interest of 12% per annum
Full backwages from the time his compensation was withheld from him up to the time of his actual reinstatement	Salaries for the unexpired portion of his employment contract.