Labor Law Archives - Page 37 of 49

August 10, 2019

Published by Atty Elvin B. Villanueva at August 10, 2019

Eid’l Adha Proclamation 789, August 12, 2019 PDF

Here is the PDF version of Proclamation 789 issued by Malacañang on August 8, 2019 (original file is not mine) declaring August 12, 2019 as regular/national […]

August 16, 2019

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

FAILURE OF THE SEAFARER TO GIVE INTENT TO SUBMIT HIMSELF TO THIRD PHYSICIAN NEGATES THE NEED FOR DETERMINATION BY A THIRD PHYSICIAN RENDERING FILING OF COMPLAINT PREMATURE

A third physician might be agreed upon jointly by the employer and the seafarer in case of conflicting assessments of the company-designated physician and private physician. […]

August 21, 2019

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

DISABILITY CLAIM FILED PRIOR TO THE END OF 120-DAY PERIOD AND WITHOUT FIRST CONTINUING WITH THE PRESCRIBED TREATMENT IS PREMATURE

The seafarer filed the labor case on May 14, 2010 – or just 110 days from his repatriation on January 23, 2010 – before the 120/240-day […]

August 21, 2019

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

HOW TO COMPUTE HOLIDAY PAY FOR AUGUST 2019 HOLIDAYS

There are three nationwide holidays for the month of August 2019. Two regular holidays and one special day. How should companies compute the holiday pay for […]

August 23, 2019

Published by Atty Elvin B. Villanueva at August 23, 2019

FAILURE TO PROVE BONA FIDE SUSPENSION OF OPERATIONS AND GIVE NOTICE TO DOLE AS BASIS OF PLACING EMPLOYEE ON FLOATING STATUS MAY AMOUNT TO ILLEGAL DISMISSAL

The totality of the foregoing circumstances shows that the employer’s acts of not informing the company and the DOLE of the suspension of its operations, failing […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

REDUNDANCY IS VALID WHERE GOOD FAITH IS DULY ESTABLISHED AS EVIDENCED BY THE ACCEPTANCE OF THE DECISION OF EMPLOYER AND WITH EMPLOYEE NEGOTIATING FOR SEPARATION PAY PACKAGE

Redundancy exists when the service of an employee is in excess of what is reasonably demanded by the actual requirements of the business. A redundant position […]

August 29, 2019

Published by Atty Elvin B. Villanueva at August 29, 2019

RESIGNATION LETTER THAT IS IN THE NATURE OF QUITCLAIM INDICATES LACK OF VOLUNTARINESS IN ITS EXECUTION

In illegal dismissal_ cases, the fundamental rule is that when an employer interposes the defense of resignation, the burden to prove that the employee indeed voluntarily […]

August 31, 2019

Published by Atty Elvin B. Villanueva at August 31, 2019

REDUNDANCY IS NOT VALID WHERE THE EMPLOYEE WAS TERMINATED FOR SUPERFLUITY OF FUNCTION THAT IS NOT PART OF HIS JOB DESCRIPTION

Redundancy is recognized as one (1) of the authorized causes for dismissing an employee under Article 298 of the Labor Code. Citing Wiltshire File Company, Inc. […]

September 1, 2019

Published by Atty Elvin B. Villanueva at September 1, 2019

AN INDIVIDUAL APPOINTED BY THE BOARD BUT WHOSE POSITION IS NOT PROVIDED IN THE BY-LAWS IS NOT A CORPORATE OFFICER

An individual is not a corporate officer because neither the Corporation Code nor the by-laws of the respective corporations provided so. Thus, the SC held in […]

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