Labor Law Archives - Page 38 of 49

September 8, 2019

Published by Atty Elvin B. Villanueva at September 8, 2019

A SEAFARER IS ENTITLED TO COMPENSATION FOR THE WORK-RELATED ILLNESS IF HE SHOWS CAUSAL CONNECTION BETWEEN THE ILLNESS AND THE WORK HE PERFORMED

To be entitled to compensation and benefits under the governing POEA-SEC, it is not sufficient to establish that the seafarer’s illness or injury has rendered him […]

September 14, 2019

Published by Atty Elvin B. Villanueva at September 14, 2019

CLAIM OF WAGE EXEMPTION REQUIRES PROOF OF SUBMISSION OF APPLICATION FOR EXEMPTION

Wage exemption is recognized by law provided there is compliance with the requirements for its availment. Retail/service establishments regularly employing not more than ten (10) workers […]

September 15, 2019

Published by Atty Elvin B. Villanueva at September 15, 2019

AN INTERIM MEDICAL ASSESSMENT IN THE NATURE OF PROGNOSIS FAILS TO ESTABLISH THAT THE DISABILITY IS NOT PERMANENT AND TOTAL

Moreover, while the company-designated physician’s assessment was issued within the 120-day period, after the seafarer’s repatriation, it could not have been a final and definite assessment […]

September 18, 2019

Published by Atty Elvin B. Villanueva at September 18, 2019

EMPLOYMENT RIGHTS OF FAMILY DRIVERS ARE NOT GOVERNED BY THE LABOR CODE

Family drivers’ employment rights are governed by the Civil Code and not the Labor Code. Section 44 of Republic Act No. 10361, otherwise known as the […]

September 23, 2019

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

WAGES THAT SHOULD BE RECOVERED BY AN ILLEGALLY DISMISSED OVERSEAS WORKER SHOULD BE FOR THE UNEXPIRED PORTION OF THE CONTRACT AND NOT BE LIMITED TO THREE MONTHS

Illegally dismissed overseas worker should be paid the unexpired portion of their contract. Limiting the wages that should be recovered to three months is both a […]

September 25, 2019

Published by Atty Elvin B. Villanueva at September 25, 2019

FAILURE TO ISSUE A FINAL AND DEFINITE MEDICAL ASSESSMENT WITHIN THE 120-DAY PERIOD MAKES SEAFARER ENTITLED TO PERMANENT AND TOTAL DISABILITY BENEFITS

Issuance of final and definite medical assessment within the 120-day period from repatriation of the seafarer is necessary to comply with the legal requirements concerning claim […]

October 3, 2019

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

FIGHTING TO BE GROUND FOR DISMISSAL SHOULD BE ROOTED IN WORKPLACE DYMANICS

Fighting is a serious misconduct and is a ground for dismissal under the law. Misconduct is generally defined as “a transgression of some established and definite […]

October 22, 2019

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

JUST CAUSES OF SERIOUS MISCONDUCT, WILLFUL DISOBEDIENCE, AND FRAUD ALL IMPLY THE PRESENCE OF “WILLFULNESS” OR “WRONGFUL INTENT” ON THE PART OF THE EMPLOYEE

Just cause is one of the aspects of substantive due process required in employee dismissal. Serious misconduct, willful disobedience of an employer’s lawful order, and fraud, […]

October 25, 2019

Published by Atty Elvin B. Villanueva at October 25, 2019

CONSTRUCTIVE DISMISSAL ARISES WHERE ALTHOUGH THE EMPLOYEE’S PRESENT POSITION BEARS THE APPELLATION “MANAGER,” THE RESPONSIBILITIES HE USED TO DISCHARGE AS MANAGER IN HIS FORMER POSITION HAD BEEN SIGNIFICANTLY REDUCED

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank […]

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