Labor Law Archives - Page 44 of 49

July 8, 2020

Published by Atty Elvin B. Villanueva at July 8, 2020

MEDICAL FINDINGS STATING THAT NO OTHER TREATMENT INTERVENTION IS REQUIRED AND PROVIDING A SPECIFIC DISABILITY GRADING ARE FINAL, ACCURATE, AND PRECISE

Medical findings that provide that no other treatment intervention was indicated aside from continued self-guided home exercises and as needed intake of pain medication and the […]

July 12, 2020

Published by Atty Elvin B. Villanueva at July 12, 2020

TERMINATION DUE TO REDUNDANCY IS VALID WHEN CONTINUED OPERATION OF THE OFFICE IS DEEMED UNNECESSARY

Termination due to redundancy is valid when all the requirements are complied with. Thus, the SC held in the following case: Aparicio, et al vs. Manila […]

July 16, 2020

Published by Atty Elvin B. Villanueva at July 16, 2020

PROMISSORY ESTOPPEL ARISES WHEN THE EMPLOYEE IS CONSTRAINED TO APPLY FOR EARLY RETIREMENT DUE TO THE ANNOUNCEMENT OF ITS AVAILABILITY

Promissory estoppel is an exception to the general rule that a promise of future conduct does not constitute an estoppel. Thus, the SC held in the […]

July 20, 2020

Published by Atty Elvin B. Villanueva at July 20, 2020

TOTALITY OF INFRACTIONS PRINCIPLE APPLIES EVEN THOUGH THE CURRENT OFFENSE COMMITTED DOES NOT WARRANT DISMISSAL FROM EMPLOYMENT

Totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an […]

July 22, 2020

Published by Atty Elvin B. Villanueva at July 22, 2020

STRAINED RELATIONS DOCTRINE APPLIES WHEN, ALTHOUGH THE EMPLOYEE DOES NOT OCCUPY A POSITION OF TRUST, THERE IS DEMONSTRATED LITIGIOUSNESS BETWEEN THE PARTIES

Strained relations must be applied based on the following considerations: (1) the employee must occupy a position where he or she enjoys the trust and confidence […]

July 31, 2020

Published by Atty Elvin B. Villanueva at July 31, 2020

BACKWAGES AND SEPARATION PAY THAT HAVE ALREADY BEEN EXECUTED AND FULLY SATISFIED CANNOT BE RE-COMPUTED

Backwages must be computed from the time the employee was unjustly dismissed until his or her actual reinstatement or upon payment of his or her separation […]

August 11, 2020

Published by Atty Elvin B. Villanueva at August 11, 2020

POTESTATIVE CONDITION ON THE FULFILLMENT OF EMPLOYMENT OBLIGATIONS, NOT ON THE BIRTH OF THE PERFECTED CONTRACT, AFFECTS ONLY SUCH CONDITION AND NOT THE REST OF THE STIPULATIONS

Potestative condition, the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to […]

August 19, 2020

Published by Atty Elvin B. Villanueva at August 19, 2020

EMPLOYMENT CONTRACTS THAT ARE AMENDED REDUCING THE BENEFITS MANDATED BY LAW ARE NOT BINDING ON EMPLOYEES

Employment contracts, just like the general rule on contracts under the Civil Code, cannot be amended so as to contradict the law, morals, public order and […]

August 22, 2020

Published by Atty Elvin B. Villanueva at August 22, 2020

Work Guidelines for Construction Companies During COVID-19

Work guidelines have been issued by the Department of Public Works and Highways (DPWH) for companies engaged in construction under Department Order (DO) 35, Series of […]

error: Content is protected !!