January 6, 2018

REDUNDANCY CRITERIA SHOULD NOT BE LIMITED TO STATUS, EFFICIENCY, OR PROFICIENCY; EMPLOYER MAY RESORT TO USING OTHER INDICATORS IN DETERMINING WHO WILL REMAIN WITH THE COMPANY UPON DOWNSIZING ITS PAYROLL

Redundancy criteria in ascertaining what positions are to be declared redundant must be determined for validity of redundancy. While this is a management prerogative, in this […]
March 29, 2018

RETRENCHMENT DUE TO SERIOUS FINANCIAL LOSSES MAY BE ESTABLISHED NOT SOLELY BY AUDITED FINANCIAL STATEMENT

Retrenchment or downsizing is a mode of terminating employment initiated by the employer through no fault of the employee and without prejudice to the latter, resorted […]
June 9, 2018

RETRENCHMENT IS ILLEGAL WHERE CRITERION OF HIGHEST PAID EMPLOYEE WAS MADE TO PREVAIL OVER SENIORITY

Retrenchment is normally resorted to by management during periods of business reverses and economic difficulties occasioned by such events as recession, industrial depression, or seasonal fluctuations. […]
May 22, 2019

REDUNDANCY TO BE VALID MUST SHOW GOOD FAITH: MERE PRESENTATION OF SELF-SERVING INTERNAL DOCUMENT AND LACK OF CRITERIA DO NOT ESTABLISH GOOD FAITH

Redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of […]
August 31, 2019

REDUNDANCY IS NOT VALID WHERE THE EMPLOYEE WAS TERMINATED FOR SUPERFLUITY OF FUNCTION THAT IS NOT PART OF HIS JOB DESCRIPTION

Redundancy is recognized as one (1) of the authorized causes for dismissing an employee under Article 298 of the Labor Code. Citing Wiltshire File Company, Inc. […]
November 19, 2019

REDUNDANCY RESULTING IN TERMINATION OF ALL EMPLOYEES OF THE ABOLISHED POSITION DOES NOT REQUIRE THE USE OF CRITERIA

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a […]
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