May 28, 2017

TERMINATION PROCEDURE DUE TO CLOSURE SHOULD BE COMPLIED WITH OTHERWISE, IT CAN BE CONSTRUED AS INDICATION OF BAD FAITH

Termination due to closure requires proof as basis thereof. The Supreme Court held in the following case that non-compliance of the termination procedure may indicate bad […]
May 30, 2017

IMMORALITY INVOLVES TWO-STEP PROCESS TO DETERMINE WHETHER THE CONDUCT CAN BE JUST GROUND FOR EMPLOYEE DISMISSAL

Immorality as a ground for dismissal requires determination of conduct using the two-step process. Cheryll Santos Leus vs. St. Scholastica’s College Westgrove and/or Sr. Edna Quiambao, […]
May 31, 2017

Regularization of Employees – DOLE Guidelines for the Conduct of Voluntary Regularization

Regularization of employees can be done by employer. The Department of Labor and Employment (DOLE) issued the guidelines (Labor Advisory No. 06, Series of 2017) with […]
June 2, 2017

PROJECT EMPLOYMENT TERM STATING THAT THE WORK IS “CO-TERMINUS WITH THE PROJECT” SUFFICIENTLY APPRISES EMPLOYEES THAT THEIR SECURITY OF TENURE WOULD ONLY LAST AS LONG AS THE PROJECT WAS SUBSISTING

Project employment requires that the duration and scope of the project must be made known to the employee. The duration need not indicate a specific date […]
June 3, 2017

SEAFARER CLAIMING DISABILITY MUST UNDERGO MEDICAL EXAMINATION TO DETERMINE FITNESS FOR WORK THROUGH COMPANY PHYSICIAN WHO HAS EXTENDED 240-DAY PERIOD TO ISSUE ASSESSMENT; THIS PERIOD CANNOT BE PRE-EMPTED

Seafarer who claims disability must undergo medical examination. Fitness of a seafarer for work should be determined by the company physician within the 120-day period, which […]
June 4, 2017

DISABILITY PROCEDURE MUST BE COMPLIED WITH BY THE SEAFARER TO ESTABLISH HIS CLAIM IF HE DISPUTES THE FIT-TO-WORK FINDING OF COMPANY PHYSICIAN

Disability procedure when the seafarer disputes the company physician’s findings requires that a third doctor must be consulted. Failure to observe this procedure militates against the […]
June 6, 2017

RES JUDICATA DOES NOT APPLY WHERE ONE CASE INVOLVES DISMISSAL DUE TO ILLEGAL STRIKE AND THE OTHER DISMISSAL DUE TO RETRENCHMENT

Res judicata literally means ‘a matter adjudged; a thing judicially acted upon or decided; [or] a thing or matter settled by judgment.’” Res judicata “lays the rule […]
June 6, 2017

DEATH OF THE SEAFARER OCCURRING AFTER THE END OF EMPLOYMENT CONTRACT DOES NOT ENTITLE HIM TO DEATH BENEFITS

Death of the seafarer should occur during the effectivity of the employment contract to avail of death benefits. Labor Code 2017 (as re-numbered pursuant to R.A. 10151 and […]
June 9, 2017

SUICIDE OF THE SEAFARER IS NOT COMPENSABLE

Suicide is not compensable as death benefit of the seafarer. Likewise, parties can present evidence for the first time on appeal before the NLRC as held […]
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