February 22, 2017

DOLE FINDINGS OF LABOR STANDARDS LIABILITIES REQUIRE DETERMINATION OF EMPLOYER-EMPLOYEE RELATIONSHIP AS PART OF DUE PROCESS

South Cotabato Communications Corporation and Gauvain J. Benzonan vs. Hon. Patricia Sto. Tomas, et al. G.R. No. 217575. June 15, 2016 Facts: The DOLE conducted a […]
February 27, 2017

UPCOMING BOOK BY ATTY. ELVIN B. VILLANUEVA

  THE LABOR CODE OF THE PHILIPPINES RENUMBERED PER R.A. 10151 and PURSUANT TO D.A. 01, Series of 2015 by the DOLE Atty. Elvin B. Villanueva […]
February 11, 2021

ASSESSMENT THAT IS NOT FINAL AND DEFINITIVE RENDERS SEAFARER’S DISABILITY AS TOTAL AND PERMANENT

Assessment by the company-designated physician should be final and definitive. Without a  valid final and definitive assessment from the company-designated doctors within the 120/240-day period, as […]
February 14, 2021

SERIOUS MISCONDUCT ARISES WHEN THE EMPLOYEE COPIES CONFIDENTIAL INFORMATION TO CREATE FALSE NARRATIVE AGAINST THE EMPLOYER

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing […]
August 3, 2021

LABOR OR CONTRACT RELATIONSHIP OF DELIVERY AND COURIER RIDERS WITH THE COMPANY

Labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with. Thus, on 23 July 2021, the Department […]
October 11, 2021

TRUCK DRIVER ON PER TRIP BASIS CAN BE REGULAR EMPLOYEE

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged […]
November 11, 2021

DISSOLUTION OF UNION RENDERS THE CASE IT FILED MOOT AND ACADEMIC

The dissolution of NWRHLU, a  supervening event, is a matter which appellate courts can take judicial notice of even though the same is raised for the […]
January 31, 2022

SEAFARER’S DUTY TO OBTAIN THE OPINION OF HIS OWN DOCTOR ARISES ONLY IF THERE IS A VALID CERTIFICATION OF ILLNESS FROM COMPANY PHYSICIAN

Joemar Babiera Bacabac vs. NYK-FIL Shipmanagement Inc. and NYK Shipmanagement Pte ltd. G.R. No. 228550. July 28, 2021 Private doctor; Valid certification of company physician; Final […]
May 21, 2022

SEAFARER MUST NOTIFY THE AGENCY IN WRITING IF PHYSICALLY INCAPACITATED TO REPORT FOR SCHEDULED MEDICAL EXAMINATION

In the case of Marlow Navigation vs. The Heirs of Antonio Beato (Antonio), G.R. No. 233897, March 9, 2022  the seafarer (Antonio) suffered an illness during […]
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