Labor Law Archives - Page 36 of 49

July 3, 2019

Published by Atty Elvin B. Villanueva at July 3, 2019

COLON CANCER THAT IS AGGRAVATED BY POOR DIETARY PROVISIONS IN THE VESSEL IS WORK-RELATED

In Leonis Navigation Co., Inc. vs. Villamater, it was ruled that the dietary provisions which were high m fat and cholesterol given to the seaman while […]

July 12, 2019

Published by Atty Elvin B. Villanueva at July 12, 2019

PROBATIONARY EMPLOYMENT: EMPLOYER HAS THE RIGHT OR IS AT LIBERTY TO CHOOSE WHO WILL BE HIRED AND WHO WILL BE DENIED EMPLOYMENT

As long as the employer has made known to the employee the regularization standards at the time of the employee’s engagement, the refusal of the former […]

July 13, 2019

Published by Atty Elvin B. Villanueva at July 13, 2019

PERMANENT AND TOTAL DISABILITY OF THE SEAFARER IS PRESUMED IN THE ABSENCE OF FINAL AND DEFINITE ASSESSMENT OF DISABILITY

In the absence of a final and definite disability assessment of the company-designated physician, Pelagio is conclusively presumed to be suffering from a permanent and total […]

July 16, 2019

Published by Atty Elvin B. Villanueva at July 16, 2019

PUTTING AN EMPLOYEE ON OFF-DETAIL STATUS IS ALSO APPLIED TO INDUSTRIES OTHER THAN SECURITY AGENCIES

The rule is settled that “off-detailing” is not equivalent to dismissal, so long as such status does not continue beyond a reasonable time and that it […]

July 21, 2019

Published by Atty Elvin B. Villanueva at July 21, 2019

FAILURE OF THE SEAFARER TO DECLARE THE ILLNESS RELATED TO CLAIM OF DISABILITY AMOUNTS TO NON-COMPLIANCE WITH THE POST-EMPLOYMENT EXAMINATION REQUIREMENT

Seafarer’s failure to disclose his lumbar problem is fatal to his cause. Given that the seafarer failed to bring to the attention of the company-designated physician […]

July 22, 2019

Published by Atty Elvin B. Villanueva at July 22, 2019

RESIGNATION LETTER THAT LACKS RELUCTANCE, TENSION, AND EXPRESSES GRATITUDE, WELL WISHES, WITHOUT QUALIFICATION AND WITHOUT ANY SIGN OF AGGRESSION AND BITTERNESS OR HOSTILITY TOWARDS EMPLOYER NEGATES CLAIM OF INVOLUNTARINESS

In Bilbao vs. Saudi Arabian Airlines, the Court found as voluntary the resignation of the complainant, whose clear use of words of appreciation and gratitude negated […]

July 24, 2019

Published by Atty Elvin B. Villanueva at July 24, 2019

DISMISSAL FOR LOSS OF TRUST AND CONFIDENCE OF A SUPERVISOR WHO TOOK AND USED THE COMPANY MATERIALS AND SUPPLIES AND REPLACED THEM WITH THOSE PURCHASED OUTSIDE IS VALID

A supervisor who took and used the company’s supplies and materials may be validly dismissed for loss of trust and confidence having knowingly violated the company […]

July 28, 2019

Published by Atty Elvin B. Villanueva at July 28, 2019

A COMPANY POLICY LIMITING THE TOTAL AMOUNT OF LOAN TO 50% OF THE MONTHLY PAY INTERFERES IN THE DISPOSAL OF WAGES AND IN VIOLATION OF CBA THAT THE COMPANY SHALL PROCESS SSS LOAN APPLICATIONS

A company policy restricting the grant of loan to not more than 50% of the monthly take home pay interferes in the employee’s disposal of wages […]

August 5, 2019

Published by Atty Elvin B. Villanueva at August 5, 2019

FAILURE TO ISSUE NOTICE TO EXPLAIN (NTE) FOR ADDITIONAL CHARGES IN THE NOTICE OF TERMINATION VIOLATES PROCEDURAL DUE PROCESS

The additional grounds cited in the notice of termination which were not mentioned in the NTE violated Pardillo’s right to be informed of the administrative charges […]

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