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June 28, 2017
Published by Atty Elvin B. Villanueva at June 28, 2017
Abandonment of work is one of the grounds for dismissal of employees. However, the employer should prove that the employee’s absence was unjustified and he had […]
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June 28, 2017
Published by Atty Elvin B. Villanueva at June 28, 2017
240 days is the maximim period that the employer is given to declare the fitness or disability of seafarer through its designated physician. Failure to do […]
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June 30, 2017
Published by Atty Elvin B. Villanueva at June 30, 2017
Uncorroborated email messages may be found self-serving and cannot satisfy the requirement of substantial evidence to overcome the burden of employer to prove validity of dismissal. […]
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July 2, 2017
Published by Atty Elvin B. Villanueva at July 2, 2017
Retirement is voluntary in nature. If there is no agreement between the parties that an employee can be retired at an earlier date, the provisions of […]
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July 2, 2017
Published by Atty Elvin B. Villanueva at July 2, 2017
Seasonal employees as provided under Article 280 [now Article 295] of the Labor Code, as amended are those who are hired with scope of employment or […]
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July 2, 2017
Published by Atty Elvin B. Villanueva at July 2, 2017
Actual service is the basis to determine the amount to which the retiring employee is entitled to. While retirement law considers service of at least six months […]
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July 2, 2017
Published by Atty Elvin B. Villanueva at July 2, 2017
Financial assistance, in certain cases, is given to employees under the principle of social justice. In the following case, the Supreme Court granted the same in […]
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July 3, 2017
Published by Atty Elvin B. Villanueva at July 3, 2017
Abandonment of work is a matter of intention. High improbability of abandonment on the part of employee belies the fact of abandon of work. The Supreme […]
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July 6, 2017
Published by Atty Elvin B. Villanueva at July 6, 2017
Recomputation of the monetary award is a necessary consequence of the finding of illegal dismissal. It does not violate the rule on immutability of final and executory […]
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