February 5, 2018

UNION SECURITY CLAUSE CANNOT BE INVOKED BY A FEDERATION UNION

Union security is a generic term, which is applied to and comprehends ‘closed shop,’ ‘union shop,’ ‘maintenance of membership,’ or any other form of agreement which […]
February 7, 2018

ABANDONMENT OF WORK IS NOT AUTOMATICALLY NEGATED BY THE FILING OF ILLEGAL DISMISSAL COMPLAINT

Abandonment of work is a matter of intention. While it is true that in certain instances the filing of illegal dismissal complaint is inconsistent with employer’s […]
February 9, 2018

STRAINED RELATIONS, AS A REMEDY AGAINST REINTATEMENT ORDER, DO NOT APPLY IN POSITION NOT REPOSED WITH TRUST AND CONFIDENCE

Strained relations must be demonstrated as a fact. The doctrine of strained relations should not be used recklessly or applied loosely nor be based on impression […]
February 10, 2018

WAGES PAID PER TRIP DO NOT DETERMINE THE EXISTENCE OR ABSENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

Wages that are paid in terms of per-trip basis for drivers do not establish employer-employee relationship. This arrangement is a mere mode of payment of wages […]
February 13, 2018

RETIREMENT PLAN MERELY MENTIONED IN THE LETTER OF APPOINTMENT IS NOT SUFFICIENT BASIS TO RETIRE EMPLOYEES BEFORE REACHING THE COMPULSORY AGE OF 65

Retirement plan allowing employers to retire employees before reaching the compulsory retirement age of 65 years is not per se repugnant to the constitutional guaranty of […]
February 13, 2018

SECOND MOTION FOR RECONSIDERATION MAY BE ENTERTAINED BY THE SUPREME COURT EN BANC EVEN FOR CASE RESOLVED BY SC DIVISION AS FINAL AND EXECUTORY

Second motion for reconsideration can only be entertained before the ruling sought to be reconsidered becomes final by operation of law or by the Court’s declaration. […]
February 17, 2018

REDUNDANCY CANNOT BE EFFECTIVE IF CARRIED OUT BY PERSONS BELONGING ONLY TO RELATED COMPANIES AND NOT BY COMPANY THAT HIRED THE EMPLOYEE

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]
March 2, 2018

WITHHOLDING TAX COMPUTATION UNDER TRAIN LAW USING VERSION 2 TABLE

Withholding tax is not a tax. It is a method of collection of tax that’s supposed to be paid to the government. Under the TRAIN law […]
March 3, 2018

MINIMUM WAGE EARNER UNDER THE TRAIN LAW

Minimum wage earner (MWE) refers to a worker in the private sector paid the statutory minimum wage or to an employee in the public sector with […]
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