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March 24, 2020
Published by Atty Elvin B. Villanueva at March 24, 2020
Fixed-term employment contract was repeatedly extended or renewed covering the same position, and involving the same duties. Case law holds that the repeated engagement under a […]
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March 26, 2020
Published by Atty Elvin B. Villanueva at March 26, 2020
Termination of employment that is based on alleged unsatisfactory performance rating was effected merely as a subterfuge and amounts to illegal dismissal. Thus, the SC held […]
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March 28, 2020
Published by Atty Elvin B. Villanueva at March 28, 2020
Retirement benefits under Article 287 (Art. 302) of the Labor Code, therefore, should be applied in the computation of employee’s retirement pay and not the lower […]
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March 29, 2020
Published by Atty Elvin B. Villanueva at March 29, 2020
Medical assessment or report of a seafarer’s disability must be complete and definite. A final and definite disability assessment is necessary in order to truly reflect […]
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May 6, 2020
Published by Atty Elvin B. Villanueva at May 6, 2020
Talaugon vs. BSM Crew Service Centre Phils., Inc., et al. G.R. No. 227934, September 4, 2019 Permanent and total disability; 120-day rule; Final and definitive assessment; […]
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May 6, 2020
Published by Atty Elvin B. Villanueva at May 6, 2020
Dismissal of an employee has a two-fold due process requirement: one is substantive and the other, procedural. For substantive due process, the dismissal must be for […]
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May 6, 2020
Published by Atty Elvin B. Villanueva at May 6, 2020
Procedural due process requirements in the dismissal of an employee provide that the employer must furnish the employee with two written notices before dismissal from employment: […]
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May 6, 2020
Published by Atty Elvin B. Villanueva at May 6, 2020
Redundancy exists where the services of an employee are in excess or what is reasonably demanded by the actual requirements of the enterprise. Mejila vs. Wringley […]
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May 6, 2020
Published by Atty Elvin B. Villanueva at May 6, 2020
Notice to DOLE and the affected employees at least one month prior to the intended date of termination is required in redundancy. Mejila vs. Wringley Philippines, […]
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