Labor Law Archives - Page 20 of 49

October 3, 2017

Published by Atty Elvin B. Villanueva at October 3, 2017

DISABILITY FINDINGS BEYOND THE 120-DAY PERIOD REQUIRE SUFFICIENT JUSTIFICATION, OTHERWISE SEAFARER’S DISABILITY IS DEEMED PERMANENT AND TOTAL

Disability findings need to be made by the company physician within the period of 120 days. While extension up to 240 days is allowed, the company has […]

October 5, 2017

Published by Atty Elvin B. Villanueva at October 5, 2017

TERMINATION DUE TO CLOSURE ON THE GROUND OF LOSSES CANNOT BE INVALIDATED ON THE MERE FACT THAT EMPLOYEES DO NOT RECOGNIZE SUCH LOSSES

Termination due to closure must be based on bona fide reason. The fact that the employees do not believe the losses does not invalidate said termination. […]

October 11, 2017

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

SEPARATION PAY CANNOT BE AWARDED TO EMPLOYEE WHO WAS NOT DISMISSED FROM SERVICE

Separation pay is warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 298 and 299 of […]

October 19, 2017

Published by Atty Elvin B. Villanueva at October 19, 2017

LOSS OF TRUST AND CONFIDENCE ON RANK-AND-FILE EMPLOYEE REQUIRES PROOF OF INVOLVEMENT

Loss of trust and confidence as a ground for dismissal must be real, i.e., founded on clearly established facts, and the employee’s breach of the trust […]

October 21, 2017

Published by Atty Elvin B. Villanueva at October 21, 2017

LABOR LAW ADMINISTRATION AND ENFORCEMENT RULES UNDER DO 183, SERIES OF 2017

Labor Law Administration and Enforcement of the Rules under Art. 128 of the Labor Code (Department Order No. 183, Series of 2017, otherwise known as the REVISED RULES […]

October 26, 2017

Published by Atty Elvin B. Villanueva at October 26, 2017

WORKERS WHO SPEND LONG HOURS SITTING AT WORK SHOULD BE GIVEN FIVE-MINUTE BREAKS EVERY TWO HOURS FROM SITTING TIME PER DOLE DEPARTMENT ORDER NO. 184, SERIES OF 2017

Workers whose work require them to sit long hours should be given breaks to minimize the ill health effects of sedentary work. On October 18, 2017, […]

October 28, 2017

Published by Atty Elvin B. Villanueva at October 28, 2017

DISABILITY CLAIM OF SEAFARER IS NOT FORFEITED WHEN FAILURE TO UNDERGO POST EMPLOYMENT MEDICAL EXAM IS DUE TO THE FAULT OF THE EMPLOYER

Disability claim is not forfeited if the seafarer was prevented by the employer from submitting himself to a post-employment medical examination. This comes as an exception […]

October 31, 2017

Published by Atty Elvin B. Villanueva at October 31, 2017

CONCLUSIVENESS OF JUDGMENT OR ISSUE PRECLUSION PRINCIPLE REQUIRES ONLY IDENTITIES OF PARTIES TO OPERATE

Conclusiveness of judgment requires only the identities of parties and issues. Absolute identity of parties is not required, shared identity of interest is sufficient to invoke […]

November 3, 2017

Published by Atty Elvin B. Villanueva at November 3, 2017

SERIOUS MISCONDUCT DOES NOT ARISE WHEN THE ACT, THOUGH INTENTIONAL, IS NOT CHARACTERIZED BY WRONGFUL AND PERVERSE ATTITUDE

Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work is a just cause […]

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