bona fide suspension of operation Archives

August 1, 2017

Published by Atty Elvin B. Villanueva at August 1, 2017

BONA FIDE SUSPENSION OF OPERATION BEYOND SIX MONTHS RESULTS IN CONSTRUCTIVE DISMISSAL

Bona fide suspension of the operation of business may be made by the employer for a period of not exceeding six months under Article 286 of […]

February 3, 2018

Published by Atty Elvin B. Villanueva at February 3, 2018

PROJECT EMPLOYEES ASSIGNED TO DO ANOTHER PROJECT OUTSIDE OF THE ORIGINAL CONTRACT MAY LOSE THE STATUS AS PROJECT EMPLOYEES AND MAY BE CONSIDERED REGULAR

Project employees should be informed of the duration and scope of the employment which should be specified at the time they were engaged and that there […]

August 9, 2018

Published by Atty Elvin B. Villanueva at August 9, 2018

CERTIFICATE OF REGISTRATION AS INDEPENDENT CONTRACTOR ENJOYS THE PRESUMPTION OF REGULARITY AND IS A STRONG BADGE OF LEGITIMACY

Certificate of Registration issued by DOLE recognizes CBMI as an independent contractor and regards the validity of the latter’s registration well within the period relevant to […]

August 23, 2019

Published by Atty Elvin B. Villanueva at August 23, 2019

FAILURE TO PROVE BONA FIDE SUSPENSION OF OPERATIONS AND GIVE NOTICE TO DOLE AS BASIS OF PLACING EMPLOYEE ON FLOATING STATUS MAY AMOUNT TO ILLEGAL DISMISSAL

The totality of the foregoing circumstances shows that the employer’s acts of not informing the company and the DOLE of the suspension of its operations, failing […]