The findings of fact of the Labor Arbiter which the NLRC and the Court
Appeals adopted reveal that Anita’s foreign employer was dissatisfied with her
performance.
The law in protecting the rights of the laborer authorizes neither oppression
nor self-destruction of the employer. While the Constitution is committed to the
policy of social justice and the protection of the working class, it should not be
supposed that every labor dispute would automatically be decided in favor of labor.
[27]
However, although Anita’s employment was terminated because she failed
to meet the standards of her foreign employer, still it is necessary and obligatory to
afford Anita her basic right to notice. Section 2, Rule 1, Book VI of the Omnibus
Rules Implementing the Labor Code provides:
Security of tenure. (a) In cases of regular employment, the employer
shall not terminate the services of an employee except for just or authorized
causes as provided by law, and subject to the requirements of due process.
(b) 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 standards of the employer made known to the former at the
time of engagement may also be a ground for termination of
employment.
x x x x
(d) In all cases of termination of employment, the following standards of
due process shall be substantially observed:
x x x x
If the termination is brought about by the completion of a contract or
phase thereof, or by failure of an employee to meet the standards of the
employer in the case of probationary employment, it shall be sufficient that
a written notice is served the employee within a reasonable time from the
effective date of termination. (Emphasis supplied)