separation pay Archives - EBV Law Office

March 28, 2017

Published by Atty Elvin B. Villanueva at March 28, 2017

EQUIPOISE DOCTRINE IN LABOR CASES

Dee Jay’s Inn and Cafe vs. Rañeses G.R. No. 191823. October 5, 2016 Facts: DJIC was registered under Republic Act No. 9178 or the Barangay Micro […]

March 31, 2017

Published by Atty Elvin B. Villanueva at 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 […]

May 9, 2017

Published by Atty Elvin B. Villanueva at May 9, 2017

COMPUTATION OF SEPARATION PAY AND BACKWAGES WHERE REINSTATEMENT IS DISPUTED IS UP TO THE DATE OF FINALITY OF THE DECISION

C.I.C.M. Mission Seminaries School of Theology, Inc., Fr. Romeo Nimez, CICM vs. Maria Veronica C. Perez G.R. No. 220506, January 18, 2017 Facts: This controversy is […]

September 1, 2017

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

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for […]

October 11, 2017

Published by Atty Elvin B. Villanueva at October 11, 2017

SEPARATION PAY CANNOT BE AWARDED TO EMPLOYEE WHO WAS NOT DISMISSED FROM SERVICE

Separation pay is warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 298 and 299 of […]

January 25, 2018

Published by Atty Elvin B. Villanueva at January 25, 2018

REINSTATEMENT WITHOUT BACKWAGES IS THE PROPER REMEDY WHERE EMPLOYEES WERE NOT ILLEGALLY DISMISSED AND DID NOT ALSO ABANDON THEIR JOBS

Reinstatement without backwages is the remedy if the employees were not illegally dismissed but also did not abandon their jobs. Where reinstatement was already impossible by […]

February 10, 2018

Published by Atty Elvin B. Villanueva at February 10, 2018

WAGES PAID PER TRIP DO NOT DETERMINE THE EXISTENCE OR ABSENCE OF EMPLOYER-EMPLOYEE RELATIONSHIP

Wages that are paid in terms of per-trip basis for drivers do not establish employer-employee relationship. This arrangement is a mere mode of payment of wages […]

February 25, 2019

Published by Atty Elvin B. Villanueva at February 25, 2019

SEPARATION PAY GIVEN FOR TERMINATION BEYOND THE CONTROL OF EMPLOYEE IS NOT-TAXABLE

Separation pay is mandated to be given to employee who is terminated due to redundancy as set forth under Article 298 of the Labor Code, as […]

July 24, 2019

Published by Atty Elvin B. Villanueva at July 24, 2019

DISMISSAL FOR LOSS OF TRUST AND CONFIDENCE OF A SUPERVISOR WHO TOOK AND USED THE COMPANY MATERIALS AND SUPPLIES AND REPLACED THEM WITH THOSE PURCHASED OUTSIDE IS VALID

A supervisor who took and used the company’s supplies and materials may be validly dismissed for loss of trust and confidence having knowingly violated the company […]