March 23, 2018

CONTRACT OF EMPLOYMENT TAKES EFFECT ONLY BETWEEN THE PARTIES

Contract of employment takes effect only between the parties, their assigns and heirs, except in case where the lights and obligations arising from the contract are […]
March 29, 2018

RETRENCHMENT DUE TO SERIOUS FINANCIAL LOSSES MAY BE ESTABLISHED NOT SOLELY BY AUDITED FINANCIAL STATEMENT

Retrenchment or downsizing is a mode of terminating employment initiated by the employer through no fault of the employee and without prejudice to the latter, resorted […]
March 29, 2018

SENIORITY IS NOT THE SOLE BASIS OF THE CRITERIA FOR RETRENCHMENT; REHIRING OF RETRENCHED EMPLOYEES DOES NOT INDICATE BAD FAITH OF A RECOVERING CORPORATION; VALIDITY OF WAIVER AND QUITCLAIM

Seniority cannot be the sole basis for the selection in retrenchment. The post below is part of this author’s digest of the decision of the Supreme […]
April 6, 2018

FASAP CASE RESOLVED BY THE SUPREME COURT

FASAP, or the Flight Attendants and Stewards Association of the Philippines, has long been fighting the case of illegal retrenchment against PAL. The case has caught […]
April 18, 2018

PROBATIONARY PERIOD

Probationary period is usually six (6) months. An employee who has served the employer for at least six months shall become regular employee by operation of […]
April 22, 2018

REDUCTION OF WORKDAYS THAT IS UNILATERAL AND ARBITRARY MAY RESULT IN CONSTRUCTIVE DISMISSAL

Reduction of workdays should comply with the DOLE issued Department Advisory No. 2, Series of 2009 on requirement that the employer should notify DOLE of the […]
April 25, 2018

SERVICE INCENTIVE LEAVE COMPUTATION FOR RESIGNED EMPLOYEE AND TAX ISSUES

Service incentive leave (SIL) benefit grants five (5) days of absence with pay to qualified employees. The basis of SIL is Article 95 of the Labor […]
April 26, 2018

MORAL DAMAGES SHOULD BE AWARDED FOR DISMISSAL THAT IS PRE-DETERMINED OR WITH CONSCIOUS AND INTENTIONAL DESIGN TO DO A WRONGFUL ACT

Moral damages include physical suffering, mental anguish, fright, serious anxiety, besmirched reputation, wounded feelings, moral shock, social humiliation, and similar injury. Though incapable of pecuniary computation, […]
April 27, 2018

INSUBORDINATION DOES NOT ARISE IF THE REFUSAL TO REPORT TO OFFICE IS TO ATTEND THE ADMINISTRATIVE INVESTIGATION; IT IS MERE WAIVER OF RIGHT

Insubordination or willful disobedience is a just cause for termination of employment listed under Article 297 (formerly Article 282) of the Labor Code. Renumbered Labor Code […]
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