In the Philippine workplace, the relationship between employer and employee is governed by the Labor Code and the principle of management prerogative. While employees are protected by security of tenure, they are equally bound by a duty of obedience and respect toward their superiors. Insubordination and scandalous behavior, such as shouting, are recognized as valid grounds for disciplinary action, potentially leading to termination.
I. Legal Basis: The Labor Code of the Philippines
Under Article 297 (formerly Article 282) of the Labor Code, an employer may terminate an employment for any of the following "Just Causes":
- Serious Misconduct: Improper or wrong conduct that is serious in nature and connected to the employee’s work, rendering them unfit to continue working for the employer.
- Willful Disobedience (Insubordination): The refusal to obey a lawful and reasonable order of the employer or their representative.
II. Elements of Willful Disobedience (Insubordination)
For shouting or refusal to follow orders to qualify as a "just cause" for dismissal, the Supreme Court of the Philippines generally requires two concurrent elements:
- The order must be reasonable and lawful: The directive must not violate the law, public policy, or the employment contract.
- The order must be sufficiently known to the employee: The employee must have been aware of the instruction or the company policy being violated.
- The disobedience must be "willful" or "intentional": This implies a wrongful or perverse attitude. A simple misunderstanding or a one-time failure to perform a task due to negligence does not usually constitute willful disobedience.
III. Shouting as Serious Misconduct
Shouting at a superior or a colleague is often classified under Serious Misconduct. Philippine jurisprudence has established that:
- Respect for Authority: Hurling obscenities, shouting insults, or exhibiting aggressive behavior toward a supervisor constitutes a gross lack of respect that undermines the employer’s authority.
- Workplace Harmony: Such behavior disrupts the "peace and order" of the workplace. If the shouting occurs in front of other employees or clients, it is viewed more severely as it damages the company’s reputation and morale.
Note: Not every instance of shouting warrants immediate dismissal. The court often considers the "totality of infractions" and the "proportionality of the penalty." A single, heat-of-the-moment outburst by a long-time employee with a clean record might only warrant a suspension, whereas habitual shouting or a particularly violent verbal assault may justify termination.
IV. The Principle of Procedural Due Process
Even if the insubordination or shouting is proven, the employer must follow the "Twin Notice Rule" to ensure the dismissal is legal:
- First Written Notice (Notice to Explain): This document specifies the grounds for the disciplinary action and gives the employee at least five (5) calendar days to submit a written explanation.
- Administrative Hearing/Conference: The employer must provide the employee an opportunity to be heard, often through a formal hearing where the employee can present evidence or witnesses.
- Second Written Notice (Notice of Decision): After considering the explanation and evidence, the employer issues a final notice stating whether the employee is being cleared, suspended, or terminated.
V. Defenses Against Charges of Insubordination
Employees facing these charges often cite the following defenses:
- Illegality of the Order: If the employee refused to shout back or refused an order that was illegal (e.g., being told to falsify documents), the disobedience is justified.
- Provocation: If the supervisor provoked the employee or used abusive language first, the "shouting" may be seen as a reactive emotional outburst rather than willful misconduct.
- Lack of Prior Record: For minor verbal altercations, an employee may argue that dismissal is too harsh a penalty for a first-time offense.
VI. Summary Table: Disciplinary Framework
| Infraction | Common Classification | Potential Penalty |
|---|---|---|
| Refusal to follow a lawful task | Willful Disobedience | Warning, Suspension, or Dismissal |
| Occasional raised voice/argument | Simple Misconduct | Warning or Reprimand |
| Shouting insults/profanity at boss | Serious Misconduct | Suspension or Dismissal |
| Assault or physical threats | Serious Misconduct | Immediate Dismissal (subject to due process) |
VII. Conclusion for Employers
To successfully take legal action, employers must document every incident. This includes incident reports from witnesses, CCTV footage (if available), and a clear record of the specific company rules or "Code of Conduct" provisions that were violated. Failure to prove the "willfulness" of the disobedience or failure to follow the "Twin Notice Rule" can lead to a case of illegal dismissal, resulting in the employer being liable for backwages and reinstatement.