January 23, 2018

DEATH BENEFITS RULE TO DETERMINE WHICH AMONG THE POEA-SEC, ITF, OR CBA PROVISIONS WILL BE APPLICABLE

Death benefit is one of those guaranteed to the seafarer. However, where the provisions of ITF, POEA-SEC, and CBA do not provide the same amount, the […]
January 25, 2018

REINSTATEMENT WITHOUT BACKWAGES IS THE PROPER REMEDY WHERE EMPLOYEES WERE NOT ILLEGALLY DISMISSED AND DID NOT ALSO ABANDON THEIR JOBS

Reinstatement without backwages is the remedy if the employees were not illegally dismissed but also did not abandon their jobs. Where reinstatement was already impossible by […]
January 25, 2018

EMPLOYER AND EMPLOYEES MUST BEAR THEIR OWN LOSS IN A CASE WHERE REINSTATEMENT IS NOT POSSIBLE DUE TO STRAINED RELATIONS AND THE FACT THAT EMPLOYEES ALREADY FOUND ANOTHER EMPLOYMENT

Employer cannot bear the economic burden in a case where reinstatement is not possible due to strained relations. Thus, the SC ruled in a November 20, […]
January 25, 2018

TAX RULES ON EMPLOYEE COMPENSATION AND BENEFITS UNDER THE TAX REFORM FOR ACCELERATION AND INCLUSION (TRAIN)

Tax rules on employee compensation and benefits change dramatically with the TRAIN law. On December 19, 2017 Congress enacted R.A. 10963, otherwise known as the Tax […]
January 30, 2018

NOTICE OF CLOSURE TO DOLE, IF NOT COMPLIED WITH, DOES NOT RENDER THE TERMINATION ILLEGAL

Notice of closure with the DOLE does not render the dismissals of complainants, which were based on an authorized cause, illegal. Thus, the SC held in […]
January 30, 2018

PIERCING VEIL OF CORPORATE FICTION IS NOT WARRANTED BY THE MERE FACT THAT ONE COMPANY OWNS MAJORITY STAKES IN ANOTHER

Piercing the veil of corporate fiction is a legal precept that allows a corporation’s separate personality to be disregarded under certain circumstances, so that a corporation […]
January 31, 2018

13TH MONTH PAY, SILP, and COLA THAT ARE PART OF BACKWAGES CANNOT BE AWARDED IF TERMINATION IS NOT ILLEGAL

13th month pay, SILP and COLA that were awarded by the NLRC and the CA refer to the benefits that complainants would be entitled to had […]
February 1, 2018

FRADULENT CONCEALMENT DOES NOT ARISE IF WHAT WAS NOT DISCLOSED WAS MEDICAL PROCEDURE AND NOT PREVIOUS ILLNESS

Fraudulent concealment of the stenting procedure during the PEME does not bar the seafarer’s right to disability benefit under the POEA-SEC considering that it does not […]
February 3, 2018

PROJECT EMPLOYEES ASSIGNED TO DO ANOTHER PROJECT OUTSIDE OF THE ORIGINAL CONTRACT MAY LOSE THE STATUS AS PROJECT EMPLOYEES AND MAY BE CONSIDERED REGULAR

Project employees should be informed of the duration and scope of the employment which should be specified at the time they were engaged and that there […]
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