July 20, 2017

FINANCIAL STATEMENTS THAT ARE INCOMPLETE BUT DULY EXPLAINED BY EXTERNAL AUDITOR AND ACCOMPANIED BY CONSOLIDATED STATEMENTS CAN PROVE VALIDITY OF RETRENCHMENT

Financial statements must be presented to prove validity of retrenchment based on losses. However, the fact that the FS is incomplete but clearly explained by the […]
July 21, 2017

D.O. 174 DOES NOT APPLY TO TECHNOLOGY-ENABLED SERVICES INVOLVING AN ENTIRE OR SPECIFIC BUSINESS PROCESS

D.O. 174, Series of 2017, applies only to trilateral relationship which characterizes contracting or subcontracting arrangement. There are cases where the D.O. 174 has no application. […]
July 24, 2017

DISABILITY RATING THAT IS NOT ISSUED WITHIN THE EXTENDED TEMPORARY DISABILITY PERIOD WILL LAPSE INTO TOTAL AND PERMANENT DISABILITY BY OPERATION OF LAW

Disability rating must be made by the company-designated physician within the period prescribed. Otherwise, the total and permanent disability will be deemed established. Dario A. Carcedo, […]
July 26, 2017

LEGAL SPOUSE PREVAILS OVER THE SECOND “WIFE” AS BENEFICIARY OF SSS BENEFITS

Legal spouse declared as beneficiary prior to the declaration of the second “wife” with SSS does not lose her entitlement to the SSS benefits absent any […]
July 28, 2017

POST EMPLOYMENT MEDICAL EXAMINATION OF SEAFARER CLAIMING DISABILITY BENEFIT IS MANDATORY AND UNJUSTIFIED FAILURE TO UNDERGO IS FATAL TO THE CLAIM

Post employment medical examination is mandatory as required in POEA-SEC provisions. The rationale for the rule on mandatory post-employment medical examination within three days from repatriation by […]
August 1, 2017

BONA FIDE SUSPENSION OF OPERATION BEYOND SIX MONTHS RESULTS IN CONSTRUCTIVE DISMISSAL

Bona fide suspension of the operation of business may be made by the employer for a period of not exceeding six months under Article 286 of […]
August 3, 2017

EMPLOYMENT CONTRACTS ARE IMBUED WITH PUBLIC INTEREST AND SUBJECT TO THE POLICE POWER OF THE STATE

Employment contracts govern the relations of the employer and the employee. However, there are times that they are obliquely crafted to avoid the findings of employer-employee […]
August 4, 2017

OFFENSIVE, OBSCENE, OR INSULTING LANGUAGE HURLED AGAINST A SUPERIOR IS SERIOUS MISCONDUCT AND IS GROUND FOR DIMISSAL

Offensive, obscene, or insulting language made against a superior is serious misconduct. The Supreme Court held in the following case: Roque B. Benitez and Santa Fe […]
August 5, 2017

POST-EMPLOYMENT MEDICAL EXAMINATION IS MANDATORY SUCH THAT FAILURE TO SUBMIT, THE SEAFARER FORFEITS HIS CLAIMS FOR BENEFITS

Post-employment medical examination is required under the 1996 POEA SEC. The seafarer must submit himself to a post-employment medical examination within three days from his arrival […]
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