Labor Law Archives - Page 17 of 49

August 6, 2017

Published by Atty Elvin B. Villanueva at August 6, 2017

ILLNESS IS DISPUTABLY PRESUMED WORK-RELATED, ALTHOUGH NOT LISTED AS OCCUPATIONAL DISEASE, IF IT OCCURS DURING EMPLOYMENT; HOWEVER, IT IS OVERCOME BY THE CONTRARY MEDICAL FINDING

Illness occurring while the seafarer was on board a vessel is disputably presumed work-related. Being a disputable presumption it can be overcome by a medical finding […]

August 8, 2017

Published by Atty Elvin B. Villanueva at August 8, 2017

ABANDONMENT DOES NOT EXIST WHERE THE EMPLOYEE LEFT THE PREMISES TO ALLOW ANIMOSITY WITH EMPLOYER TO SUBSIDE AND LATER INSISTED TO REPORT TO WORK

Abandonment is a matter of intention. The employer has to prove the employee unjustifiably refused to report to work and had not intention of returning to […]

August 9, 2017

Published by Atty Elvin B. Villanueva at August 9, 2017

SUBSTANTIAL INVESTMENT DOES NOT INCLUDE THOSE NOT USED IN THE PERFORMANCE OF THE JOB CONTRACTED OUT

Substantial investment in form of tools, equipment, machineries, work premises, among others, is one of the requirements for permissible contracting to exist. If the premises being […]

August 9, 2017

Published by Atty Elvin B. Villanueva at August 9, 2017

DOUBT IN EVIDENCE IN LABOR CASE SHALL BE RESOLVED IN FAVOR OF LABOR

Doubt sometimes persists in the midst of pieces of evidence and testimony presented in a labor dispute. However, the Labor Code, under Article 4, states that […]

August 11, 2017

Published by Atty Elvin B. Villanueva at August 11, 2017

DISABILITY (TOTAL AND PERMANENT) DOES NOT MEAN ABSOLUTE HELPLESSNESS BUT THE INCAPACITY TO WORK RESULTING IN THE IMPAIRMENT OF ONE’S EARNING CAPACITY

Disability characterized as total and permanent does not mean absolute helplessness. In disability compensation, it is not the injury which is compensated, but rather it is […]

August 18, 2017

Published by Atty Elvin B. Villanueva at August 18, 2017

PRESUMPTION OF INNOCENCE AS APPLIED IN LABOR CASE

Presumption of innocence is a doctrine normally used in criminal cases. However, the Supreme Court in this case applied the principle in resolving the labor case. […]

August 18, 2017

Published by Atty Elvin B. Villanueva at August 18, 2017

EMPLOYER-EMPLOYEE RELATIONSHIP DOES NOT EXIST WHERE THE SUPPOSED EMPLOYEE IS NOT SUBJECT TO A SET OF RULES AND REGULATIONS GOVERNING THE PERFORMANCE OF HIS DUTIES AND IS NOT REQUIRED TO REPORT FOR WORK AT ANY TIME, NOR TO DEVOTE HIS TIME EXCLUSIVELY TO WORKING FOR THE COMPANY

Employer-employee relationship is a requisite for the labor arbiter to acquire jurisdiction over the complaint. The Court once again had the opportunity to rule on the […]

August 20, 2017

Published by Atty Elvin B. Villanueva at August 20, 2017

MEDICAL ASSESSMENT BY COMPANY PHYSICIAN IS NOT BINDING ON THE COURT AND MAY NOT PASS THE BURDEN TO THE SEAFARER TO PRODUCE SECOND OPINION

Medical assessment by company physician does not bind the court in determining whether the illness suffered by the seafarer while at work is work-related. The Supreme […]

August 20, 2017

Published by Atty Elvin B. Villanueva at August 20, 2017

REDUNDANCY OF AN IT OFFICER DUE TO COMPANY’S UPGRADING AND ENHANCEMENT OF COMPUTER SYSTEM IS VALID

Redundancy is within the ambit of “management prerogative” to upgrade and enhance its computer system. The position of IT officer whose job is to maintain the […]