March 31, 2017

TERMINATION BY EMPLOYEE DOES NOT ENTITLE HIM TO SEPARATION PAY

Perez vs. Comparts Industries, Inc. G.R. No. 197557. October 5, 2016 Facts: [Perez] started her employment with [CII] on 16 July 1988. On 10 January 2009 […]
April 14, 2017

PRESCRIPTION TO FILE RETIREMENT CLAIM DOES NOT RUN IF EMPLOYEE IS ENGAGED EVEN AFTER REACHING COMPULSORY RETIREMENT AGE

De La Salle Araneta University vs. Juanito C. Bernardo G.R. No. 190809, February 13, 2017 Facts: Juanito Bernardo filed a complaint against DLS-AU for the payment […]
June 21, 2017

RETIREMENT IF NOT PLEADED IN THE COMPLAINT CANNOT BE GRANTED AFTER THE DECISION HAS BECOME FINAL AND EXECUTORY

Retirement should be pleaded in the complaint. If not, it cannot be included in the execution of Decision that already became final and executory. The Supreme […]
July 2, 2017

RETIREMENT IS VOLUNTARY SUCH THAT AN EMPLOYEE WHO WAS CONSIDERED RETIRED BEFORE RETIREMENT AGE IS ILLEGALLY DISMISSED

Retirement is voluntary in nature. If there is no agreement between the parties that an employee can be retired at an earlier date, the provisions of […]
July 17, 2017

RETIREMENT BENEFITS UNDER ARTICLE 287 DO NOT APPLY WHEN THE COMPANY HAS ITS SUPERIOR RETIREMENT PLAN

Retirement plan of the company that is superior to the provisions of Article 287 shall apply to a retiring employee. Philippine Airlines, Inc. vs. Arjan T. […]
February 13, 2018

RETIREMENT PLAN MERELY MENTIONED IN THE LETTER OF APPOINTMENT IS NOT SUFFICIENT BASIS TO RETIRE EMPLOYEES BEFORE REACHING THE COMPULSORY AGE OF 65

Retirement plan allowing employers to retire employees before reaching the compulsory retirement age of 65 years is not per se repugnant to the constitutional guaranty of […]
February 13, 2018

SECOND MOTION FOR RECONSIDERATION MAY BE ENTERTAINED BY THE SUPREME COURT EN BANC EVEN FOR CASE RESOLVED BY SC DIVISION AS FINAL AND EXECUTORY

Second motion for reconsideration can only be entertained before the ruling sought to be reconsidered becomes final by operation of law or by the Court’s declaration. […]
June 20, 2018

RETIREMENT PLAN LOWERING THE COMPULSORY RETIREMENT AGE SHOULD SHOW EXPRESS CONSENT OF EMPLOYEE

Retirement plan may provide for compulsory retirement lower than 65 years of age. Hence, this must expressly bear the consent of the employee. Alfredo F. Laya, […]
August 26, 2018

ABANDONMENT OF WORK DOES NOT ARISE IF THE EMPLOYEE IS ON SABBATICAL LEAVE PERMITTED BY COMPANY PRACTICE

Abandonment does not arise on mere failure to report for work. Thus, the SC held in the June 6, 2018 labor case, as follows: Maria De […]
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