May 6, 2020

GARDEN LEAVE IS NOT PROHIBITED UNDER THE PHILIPPINE LABOR LAWS

Garden leave is the practice of the employer directing an employee not to attend work during the period of notice of resignation or termination of the […]
May 9, 2020

DIMINUTION OF BENEFITS BASED ON COMPANY PRACTICE SHOULD BE PROVEN BY THE CLAIMANT WITH CLEAR AND CONVINCING EVIDENCE

Diminution of benefits arises when the following are present: (1) the grant or benefit is founded on a  policy or has ripened into a practice over […]
May 9, 2020

FIXED-TERM EMPLOYMENT TO BE VALID MUST COMPLY WITH EITHER OF THE TWO CRITERIA IN BRENT CASE

Fixed-term employment is valid under both the Civil Code and the Labor Code. Brent recognized that the Civil Code and the Labor Code allow the execution […]
May 15, 2020

RESIGNATION MAY BE PROVEN BY FACTUAL CIRCUMSTANCES EVEN IN THE ABSENCE OF WRITTEN RESIGNATION LETTER

Resignation is defined as a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As […]
May 18, 2020

RETIREMENT POLICY THAT LOWERS THE COMPULSORY RETIREMENT AGE REQUIRES EXPRESS CONSENT OF THE EMPLOYEE

Retirement is the result of a bilateral act of the parties, a voluntary agreement between the employer and the employee whereby the latter, after reaching a […]
May 19, 2020

PRESCRIPTION OF PERIOD TO INSTITUTE CLAIM FOR DISABILITY IS RECKONED FROM THE DATE OF DISEMBARKATION FROM THE VESSEL

Prescription period for filing seafarer’s claims arising from contract is within three (3) years from the date the cause of action arises. It is well-settled that […]
May 19, 2020

THIRD DOCTOR REFERRAL IS NOT APPLICABLE IF THERE IS NO DEFINITIVE DISABILITY ASSESSMENT BY THE COMPANY-DESIGNATED PHYSICIAN

Third doctor referral as provided in Section 20(A)(3) of the POEA-SEC is mandatory in case there are disagreements made by the company-designated physician and the seafarer’s […]
May 20, 2020

UNEXPIRED PORTION OF THE CONTRACT SHOULD BE PAID TO THE ILLEGALLY DISMISSED MIGRANT WORKER

Unexpired portion of the OFW contract should be granted if he is illegally dismissed. The phrase “or for three months for every year of the unexpired […]
May 21, 2020

SEAFARER HAS THE DUTY TO INFORM EMPLOYER OF CONTRARY MEDICAL FINDINGS FOR THE THIRD-DOCTOR RULE TO OPERATE

Seafarer shall submit himself to a post-employment medical examination by a company-designated physician within three working days upon his return. If a doctor appointed by the […]
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