Labor Law Archives - Page 21 of 49

November 4, 2017

Published by Atty Elvin B. Villanueva at November 4, 2017

DISABILITY BENEFITS CLAIMS MUST BE ESTABLISHED BY SUBSTANTIAL EVIDENCE AND CANNOT REST ON MERE SPECULATIONS, PRESUMPTIONS OR CONJECTURES

Disability benefits require proof and the seafarer has the onus probandi. As such, it cannot rest on mere speculations, presumptions or conjectures Maunlad Trans Inc., Carnival […]

November 4, 2017

Published by Atty Elvin B. Villanueva at November 4, 2017

GRACEFUL EXIT IS NOT REPREHENSIBLE OR ILLEGAL WHEN THE EMPLOYER GRANTS THE EMPLOYEE A CHANCE TO RESIGN AND SAVE FACE RATHER THAN SMEAR THE LATTER’S EMPLOYMENT RECORD

Graceful exit is perfectly within the discretion of employer. It is settled that there is nothing reprehensible or illegal when the employer grants the employee a […]

November 7, 2017

Published by Atty Elvin B. Villanueva at November 7, 2017

MEDICAL FINDINGS OF COMPANY-DESIGNATED PHYSICIAN WHO CONDUCTED EXTENSIVE MEDICAL MONITORING PREVAILS OVER PHYSICIAN OF SEAFARER WHO EXAMINED HIM ONLY ONCE

Medical attention that the company doctors give to seafarer enabled them to acquire a more accurate diagnosis of medical condition and fitness for work resumption compared […]

November 7, 2017

Published by Atty Elvin B. Villanueva at November 7, 2017

DEPARTMENT ORDER NO. 178 ON SAFETY AND HEALTH MEASURES FOR WORKERS WHO, BY THE NATURE OF THEIR WORK, HAVE TO STAND AT WORK

Department Order No. 178 covers employers or establishments to address the occupational health and safety issues and concerns related to the wearing of high heeled female shoes […]

November 11, 2017

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

ILLNESS IS COMPENSABLE EVEN IF THE NATURE OF EMPLOYMENT IS NOT THE SOLE AND ONLY REASON FOR IT

Illness to be compensable, it is not necessary that the nature of the employment be the sole and only reason for the illness suffered by the […]

November 15, 2017

Published by Atty Elvin B. Villanueva at November 15, 2017

PERMANENT AND TOTAL DISABILITY OCCURS DESPITE MORE THAN GRADE 1 RATING IF THE SEAFEARER IS PRECLUDED FROM EARNING OR DOING THE SAME WORK HE IS ACCUSTOMED OR TRAINED TO DO

Permanent and total disability arises if the seafarer’s illness or injury prevents him from engaging in gainful employment for more than 120 or 240 days, as […]

November 20, 2017

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

UNION OFFICER CANNOT BE TERMINATED BASED ON PROVISIONS ON IMPEACHMENT OF UNION OFFICERS

Union officers cannot be removed from membership and thereafter terminated from employment based on provisions on impeachment. No specific provisions on termination justify the dismissal. United […]

November 21, 2017

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

MOTION FOR RECONSIDERATION IS NOT REQUIRED WHERE THE NLRC RESOLUTION PROVIDES A PROHIBITION AGAINST FILING OF FURTHER MOTION

Motion for reconsideration must first be filed with the lower court prior to resorting to the extraordinary remedy of certiorari, since a motion for reconsideration may […]

November 23, 2017

Published by Atty Elvin B. Villanueva at November 23, 2017

CONFRONTING A WITNESS IN A COMPANY INVESTIGATION IS NOT A MATTER OF RIGHT

Confronting a witness is not a matter of right in company investigations. To meet the requirements of due process, it is sufficient that the employee had […]

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