Labor Law Archives - Page 32 of 49

September 13, 2018

Published by Atty Elvin B. Villanueva at September 13, 2018

PERMANENT AND TOTAL DISABILITY EXISTS WHEN THE COMPANY-DESIGNATED FAILS TO MAKE DEFINITE AND COMPLETE MEDICAL ASSESSMENT WITHIN 120 DAYS FROM SEAFARER’S REPATRIATION

Permanent and total disability benefits should be awarded if the company-designated physician fails to issue an assessment within 120-days from the date of seafarer’s repatriation. Thus, […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPLAINT FOR PERMANENT AND TOTAL DISABILITY BENEFIT FILED BEFORE THE LAPSE OF THE JUSTIFIED 240-DAY EXTENSION PERIOD LACKS CAUSE OF ACTION

Complaint with the Labor Arbiter for total and permanent disability benefits during the validly extended period of 240 days of medical treatment lacks cause of action. […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

PERMANENT AND TOTAL DISABILITY CANNOT BE AWARDED TO A SEAFARER WHO FAILED TO SIGNIFY HIS INTENTION TO REFER THE CONFLICTING ASSESSMENTS TO THE THIRD DOCTOR

Permanent and total disability of laborers is defined under Article 192 (c) (1) of the Labor Code providing that temporary total disability lasting continuously for more […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPANY PRACTICE EXISTS IF THE ACT OF EXTENDING BENEFITS HAS BEEN PRACTICED FOR A LONG PERIOD OF TIME AND SHOWN TO BE CONSISTENT AND DELIBERATE

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

ILLNESS THAT IS NOT LISTED IN THE OCCUPATIONAL DISEASES MAY BE COMPENSABLE IF SUBSTANTIAL EVIDENCE PROVES THAT THE WORK CONDITIONS CAUSED OR, AT LEAST, INCREASED THE RISK OF CONTRACTING THE DISEASE

Illness, among other elements to be compensable, must have existed during the term of the seafarer’s employment contract. Thus, the SC held in the following case: […]

October 3, 2018

Published by Atty Elvin B. Villanueva at October 3, 2018

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE MANAGERIAL EMPLOYEE TRANSFERS FUNDS WITHOUT AUTHORITY ALTHOUGH THEY WERE NOT MADE FOR PERSONAL USE

Loss of trust and confidence will validate an employee’s dismissal when it is shown that: (a) the employee concerned holds a position of trust and confidence; […]

October 18, 2018

Published by Atty Elvin B. Villanueva at October 18, 2018

CONDONATION OF PENALTIES DOES NOT APPLY TO THOSE ALREADY PAID PRIOR TO THE EFFECTIVITY OF THE CONDONATION LAW

Condonation is the creditor’s act of extinguishing an obligation by renunciation and the word “waive” is an abandonment or relinquishment of an existing legal right. Thus, […]

October 31, 2018

Published by Atty Elvin B. Villanueva at October 31, 2018

HOLIDAY PAY COMPUTATION FOR NOVEMBER 1, 2, and 30 WITH ILLUSTRATION

Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 269 declared November 2, 2018 as additional special non-working […]

November 5, 2018

Published by Atty Elvin B. Villanueva at November 5, 2018

MINIMUM WAGE IN NCR IS NOW AT P537 PER WAGE ORDER NO. NCR-22

Minimum Wage in NCR is now P537.00 per day. The increase has been anticipated for months with petitions to hike the prevailing rate. Secretary Silvestre Bello […]

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