October 29, 2019

PERMANENT DISABILITY ARISES WHEN THE COMPANY PHYSICIAN FAILS TO ISSUE FINAL AND DEFINITIVE ASSESSMENT WITHIN 120 DAYS

Permanent disability is the inability of a worker to perform his job for more than one hundred twenty (120) days, regardless of whether he loses the […]
November 1, 2019

UNEXPIRED PORTION OF THE CONTRACT SHOULD BE PAID TO AN ILLEGALLY DISMISSED OFW

Unexpired portion of the contract should be paid to an illegally dismissed OFW. The three-month cap has already been declared unconstitutional. Thus, the SC held as […]
November 6, 2019

JURISDICTION OVER CASE REQUIRING APPLICATION OF GENERAL CIVIL LAW, SUCH AS QUASI-DELICT, IS NOT WITH THE LABOR ARBITER

Jurisdiction of Labor Arbiters and the NLRC under the Labor Code is provided under Art. 224 thereof. However, where the resolution of the dispute requires expertise, […]
November 10, 2019

LOSS OF TRUST AND CONFIDENCE DOES NOT ARISE WHEN THE EMPLOYEE MERELY ACCEPTED HER EXTENDED APPOINTMENT AND ENTERED INTO THE FUNCTIONS OF HER OFFICE IMMEDIATELY THEREAFTER

Loss of trust and confidence as ground for termination requires the employer to not only demonstrate that the employee concerned is holding a position of trust, […]
November 19, 2019

REDUNDANCY RESULTING IN TERMINATION OF ALL EMPLOYEES OF THE ABOLISHED POSITION DOES NOT REQUIRE THE USE OF CRITERIA

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]
December 8, 2019

BAD FAITH CANNOT BE ASCRIBED ON CORPORATE OFFICER FOR FAILURE TO COMPLY WITH NOTICE REQUIREMENTS ON CLOSURE OF BUSINESS

Bad faith cannot be ascribed on any of the Corporation’s officers by the mere fact that the Corporation failed to comply with the notice requirement before […]
January 3, 2020

SEAFARER HAS THE DUTY TO SIGNIFY INTENTION TO RESORT TO THIRD DOCTOR IN CASE OF CONFLICT IN THE DECISION BETWEEN THE COMPANY-DESIGNATED PHYSICIAN AND PRIVATE PHYSICIAN

Seafarer has the duty to signify his intent to refer the conflict between the findings of the company-designated physician and that of his own doctor to […]
January 10, 2020

PROJECT EMPLOYMENT CANNOT BE ESTABLISHED FOR FAILURE OF EMPLOYER TO PROVE THAT THE EMPLOYEE IS ENGAGED ON PROJECT BASIS

Project employment requires that  (a) the employee was assigned to carry out a particular project or undertaking; and, (b) the duration and scope of which was […]
January 15, 2020

Safe Spaces Act in the Workplace (R.A. 11313); Gender-Based Sexual Harassment

On April 17, 2018 Congress enacted Republic Act (R.A) 11313, otherwise known as the Safe Spaces Act. It is based on the policy of the State […]
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