April 27, 2018

AGENCY FEE REQUIRES DUE DELIBERATION AND APPROVAL TO JUSTIFY COLLECTION

Agency fee collection is recognized by Article 259 (formerly Article 248) of the Labor Code, as amended. The legal basis of the union’s right to agency […]
April 27, 2018

SOLIDARY LIABILITY CANNOT ATTACH TO AN OFFICER AND STOCKHOLDER WHO WAS NOT SERVED WITH SUMMONS AND NOT IMPLEADED IN THE CASE WITH THE CORPORATION

Solidary liability against a corporate officer must be rooted on a satisfactory showing of fraud, bad faith or malice, or the presence of any of the […]
April 28, 2018

ILLEGAL DISMISSAL ARISES WHEN RELIEVED SECURITY GUARDS ARE NOT GIVEN NEW ASSIGNMENT

Illegal dismissal occurs when security guards who were relieved from duties were not given new assignment. Facts: Respondents, Flores, et al. (Flores, et al.) were security […]
April 28, 2018

DEATH TO BE COMPENSABLE MUST BE WORK-RELATED AND SHOULD OCCUR DURING THE TERM OF EMPLOYMENT CONTRACT

Death of the seafarer to be compensable must be work-related and must happen during the term of the employment contract. Alma Covita vs. SSM Maritime Services, […]
April 28, 2018

ILLEGAL DISMISSAL ARISES WHEN THE EMPLOYER REFUSES TO FURNISH WORK FOR NON-SUBMISSION OF NEW OR ANOTHER MEDICAL CERTIFICATE

Illegal dismissal renders the employer liable for backwages, among others. To require the employee to submit another or new medical certificate despite the prior submission of […]
May 21, 2018

INTERIM DISABILITY GRADING CAN BE DONE WITHIN 120 DAYS

Interim disability grading within 120 days can be done by the physician. Thus, the Supreme Court held in the following case as follows: Noriel R. Montierro […]
May 30, 2018

SECURITY OF TENURE, CONTRACTING AND SUBCONTRACTING UNDER E.O. 51, SERIES OF 2018

Security of tenure is a constitutionally guaranteed right. Employees may not be terminated from their regular employment except for just or authorized causes under the Labor […]
June 9, 2018

RETRENCHMENT IS ILLEGAL WHERE CRITERION OF HIGHEST PAID EMPLOYEE WAS MADE TO PREVAIL OVER SENIORITY

Retrenchment is normally resorted to by management during periods of business reverses and economic difficulties occasioned by such events as recession, industrial depression, or seasonal fluctuations. […]
June 9, 2018

EMPLOYMENT CONTRACT EXTENDING PROBATIONARY STATUS EXECUTED BEYOND THE AGREED PERIOD IS NOT VALID

Employment contract extending probationary period is recognized by the Supreme Court. However, this remains to be the exception rather than the rule. Thus, the SC held […]
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