September 7, 2017

BACKWAGES SHOULD BE COMPUTED BASED ON LAST SALARY AND SHOULD NOT INCLUDE INCREASES DURING THE PENDENCY OF THE CASE

Backwages shall be pegged at the wage rate at the time of the employee’s dismissal, unqualified by any deductions and increases. United Coconut Chemicals, Inc. vs. […]
September 9, 2017

DISPUTABLE PRESUMPTION IMPLIES THAT NON-INCLUSION IN THE POEA LIST OF COMPENSABLE ILLNESSES DOES NOT TRANSLATE TO AN ABSOLUTE EXCLUSION FROM DISABILITY BENEFITS HOWEVER, IT DOES NOT ALSO GRANT AUTOMATIC COMPENSATION

Disputable presumption implies “that the non-inclusion in the list of compensable diseases/illnesses does not translate to an absolute exclusion from disability benefits.” Similarly, “the disputable presumption […]
September 10, 2017

DELIBERATE AND WILLFUL ACT ON SEAFARER’S OWN LIFE WHICH IS DIRECTLY ATTRIBUTABLE TO HIM RESULTING IN HIS DEATH IS NOT COMPENSABLE

Deliberate and willful act on seafarer’s own life directly attributable to him resulting in his death is not compensable. Marlow Navigation Philippines, Inc./Marlow Navigation Co., Ltd. […]
September 12, 2017

CONSTRUCTIVE DISMISSAL WILL NOT ARISE IF THE NOTICE TO RETURN TO WORK INCLUDES DEPLOYMENT TO SPECIFIC CLIENT

Constructive dismissal results if the floating status of the security guard extends beyond six (6) months. Thus, the security guard must be assigned to a specific […]
September 12, 2017

INSANITY IS NOT PROVEN BY MERE STRANGE BEHAVIOR; SANITY IS LEGALLY PRESUMED

Insanity or mental illness required to be proven must be one that deprived him of the full control of his senses; in other words, there must […]
September 15, 2017

Minimum Wage Increase in NCR of Reportedly P21 Per Day

Minimum wage in NCR has reportedly increased by P21 per day. The Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) claimed that the Regional Tripartite Wages […]
September 15, 2017

THEFT OF SUM OF MONEY AS GROUND FOR DISMISSAL SHOULD BE PROVEN WITH SUBSTANTIAL EVIDENCE

Theft as ground for employee dismissal must be supported by substantial evidence. Where in a case a money was missing and no direct evidence shows who […]
September 18, 2017

HYPERTENSIVE CARDIOVASCULAR DISEASES ARE GENERALLY HELD BY JURISPRUDENCE AS PERMANENT AND TOTAL DISABILITY

Hypertensive cardiovascular diseases are jurisprudentially held permanent total disability granting compensation to seafarers, who suffered therefrom and were under the treatment of or issued fit-to-work certifications […]
September 19, 2017

WAGE ORDER NO. NCR – 21

We are sharing below the recently issued Wage Order in NCR by the RTWPB of the Region: PROVIDING FOR A WAGE INCREASE IN THE NATIONAL CAPITAL […]
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