January 15, 2020

LOSS OF TRUST AND CONFIDENCE ARISES WHERE THE EMPLOYEE MISREPRESENTED IRRECONCILABLE CASH COUNT AND TRANSACTION RECEIPTS BEING PURE DISHONESTY

Loss of trust and confidence to be a valid cause for dismissal must be based on a willful breach of trust and founded on clearly established […]
January 22, 2020

CONDITIONAL SATISFACTION OF JUDGMENT THAT IS UNFAIR AND PREJUDICIAL TO WORKER IS AGAINST PUBLIC POLICY

Conditional satisfaction of judgment that is prejudicial and unfair is contrary to public policy and entered into in bad faith. Thus, the SC held in the […]
January 31, 2020

CORONA VIRUS AND LABOR ADVISORY 04, SERIES OF 2020 FOR PREVENTION AND CONTROL IN THE WORKPLACE

On January 31, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory 04, Series of 2020 on account of the “corona virus” infection. The […]
February 2, 2020

DISABILITY COMPLAINT FILED BEFORE THE EXPIRATION OF THE 240-DAY PERIOD WHEN THE SEAFARER WAS STILL UNDER TREATMENT LACKS CAUSE OF ACTION

Disability case filed with only 193 days had lapsed, which is again, within the above-cited 240-day period and where there were remaining days for the company-designated […]
February 11, 2020

BURDEN OF PROOF FOR BENEFITS INCURRED NOT IN THE COURSE OF BUSINESS LIES WITH THE EMPLOYEE

Burden of proof is on the employee to prove his entitlement thereto; failing in which, the latter should not be paid the same. Thus, the SC […]
February 24, 2020

Anti-Age Discrimination in Hiring

Anti-Age Discrimination in Employment Act under R.A. No. 10911 was approved on July 21, 2016. Its constitutional underpinnings are as follows: (a) Promote employment of individuals on […]
March 2, 2020

PAY RULES WITH RATES AND FACTORS UNDER PHILIPPINE LABOR CODE

Pay rules are some of the challenging subjects that employers and/or business have to deal with in the Philippines. What makes this interesting is that the […]
March 19, 2020

SEAFARER’S ILLNESS THAT IS NOT SPECIFICALLY LISTED IN POEA-SEC THAT CAN FALL UNDER THE CATEGORIES OF LISTED ILLNESSES CAN BE WORK-RELATED

Seafarer’s illness that is not specifically listed under Section 32 of the 2010 POEA-SEC that can fall under the categories listed diseases can be considered work-related. […]
March 22, 2020

FRAUDULENT MISREPRESENTATION BY THE SEAFARER ARISES WHEN HE FAILED TO DECLARE HIS HYPERTENSION DURING THE PRE-EMPLOYMENT MEDICAL EXAMINATION (PEME)

Fraudulent misrepresentation arises from concealment of a pre-existing medical condition. For knowingly concealing his hypertension during the PEME, a seafarer committed fraudulent misrepresentation which unconditionally bars […]
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