June 12, 2017

DEATH BEYOND THE TERM OF SEAFARER’S CONTRACT MUST BE PROVED TO BE WORK-RELATED TO BE COMPENSABLE

Death of the seafarer occurring after the expiration of contract must be proved to be connected to his work to be compensable. Re-numbered Labor Code (2017) […]
June 15, 2017

CONFLICTING ASSESSMENT REQUIRES THE SEAFARER TO OBSERVE THE PROCEDURE OF SECURING A THIRD PARTY OPINION SUCH THAT IF THERE IS NON-OBSERVANCE, THE COMPANY DESIGNATED PHYSICIAN’S CERTIFICATION PREVAILS

Conflicting assessment is a possibility in a disability claim of the seafarer. However, the company designated physician’s certification stating the seafarer is fit to work prevails […]
June 16, 2017

WITHHOLDING OF TERMINAL PAY IS VALID PENDING RETURN OF COMPANY PROPERTY AND PAYMENT OF DEBT AND LIABILITY

Withholding of final wages and benefits of separated employees is prohibited as a general rule. The exception applies where the employees refuse to return the company […]
June 19, 2017

PROVISIONAL BOND OF AROUND 20% OF TOTAL MONETARY AWARD IS SUFFICIENT TO PERFECT AN APPEAL

Provisional bond is posted upon filing of the motion to reduce bond. This is not yet the appellate bond mentioned in the Labor Code and the NLRC […]
June 21, 2017

RETIREMENT IF NOT PLEADED IN THE COMPLAINT CANNOT BE GRANTED AFTER THE DECISION HAS BECOME FINAL AND EXECUTORY

Retirement should be pleaded in the complaint. If not, it cannot be included in the execution of Decision that already became final and executory. The Supreme […]
June 22, 2017

REGULAR EMPLOYEES ARE OF TWO KINDS

Regular employees are those whose status falls within the definition of regular employment under Article 280 [now Article 295] of the Labor Code, as amended. Buy […]
June 22, 2017

FIXED-TERM EMPLOYMENT REQUIRES PROOF OF ENGAGEMENT

Fixed-term employment is not a form of employment found under the Labor Code. Its basis is found under the Civil Code and has been duly recognized […]
June 26, 2017

RES JUDICATA REQUIRES AS ELEMENT, AMONG OTHERS, IDENTITY OF PARTIES; SUBSTANTIAL IDENTITY AND NOT ABSOLUTE IDENTITY MAY ESTABLISH THE APPLICABILITY OF THE DOCTRINE OF RES JUDICATA

Res judicata requires identity of parties as one of the elements of the doctrine. However, absolute identity is not required. Substantial identity of parties is sufficient. […]
June 27, 2017

PERMANENT DISABILITY MAY STILL BE ESTABLISHED IF THE ILLNESS OR INJURY PREVENTS THE SEAFARER FROM HAVING GAINFUL EMPLOYMENT BEYOND 120 DAYS

Permanent disability may arise due to illness or injury suffered by a seafarer under certain conditions. The company physician may declare the seafarer permanently disabled within 120 […]
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