Retirement benefits Archives

September 4, 2018

Published by Atty Elvin B. Villanueva at September 4, 2018

APPEAL FROM THE LABOR ARBITER DECISION IS NOT ALLOWED DURING EXECUTION BUT ONE FILED MAY BE CONSIDERED A VERIFIED PETITION TO PREVENT INJUSTICE TO AN ILLEGALLY DISMISSED EMPLOYEE

Appeal from an order issued by a Labor Arbiter in the course of execution proceedings is a prohibited pleading under Rule 5, Section 5 of the […]

September 5, 2018

Published by Atty Elvin B. Villanueva at September 5, 2018

RETIREMENT BENEFITS SHOULD BE GRANTED THE RETIRABLE EMPLOYEE ALTHOUGH AWARDED SEPARATION PAY

Retirement benefits are a form of reward for an employee’s loyalty and service to an employer and are earned under existing laws, CBAs, employment contracts and […]

September 15, 2018

Published by Atty Elvin B. Villanueva at September 15, 2018

COMPANY PRACTICE EXISTS IF THE ACT OF EXTENDING BENEFITS HAS BEEN PRACTICED FOR A LONG PERIOD OF TIME AND SHOWN TO BE CONSISTENT AND DELIBERATE

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced […]

March 28, 2020

Published by Atty Elvin B. Villanueva at March 28, 2020

RETIREMENT PLAN THAT PROVIDES FOR OPTIONAL RETIREMENT SHOULD COMPLY WITH THE COMPUTATION UNDER ARTICLE 302 OF THE LABOR CODE

Retirement benefits under Article 287 (Art. 302) of the Labor Code, therefore, should be applied in the computation of employee’s retirement pay and not the lower […]