Atty Elvin, Author at LVS Rich Publishing

10 Sep

Piercing Doctrine Across Sole Proprietorships and Successor Juridical Entities in Labor Claims

Case Title: Nilo S. Galit v. Willy Tantongco, doing business under the name and style MWC Enterprises, Treebox Enterprises, Cristine N. Tantongco, and Leni Calumba Citation: G.R. No. 273877 (Supreme Court Second Division, Decision penned by J. J. Lopez; Concurring Opinion by SAJ Leonen) 1. Applicability of the Piercing Doctrine Across Sole Proprietorships and Successor Juridical Entities The equitable doctrine of piercing the veil of corporate fiction applies whenever separate legal personality is weaponized to evade existing obligations, perpetuate fraud, or defeat [...]

By Atty Elvin Labor Law atty. elvin, DOLE, labor, Labor Arbiter, labor case, labor law, nlrc, SEnA 0 Comments Read more...

30 Oct

Termination of Supposedly Probationary Employee Who Was Not Informed Of Standards To Qualify As Regular Employee At Time Of Engagement

The pertinent law governing probationary employee is Article 296 of the Labor Code which provides as follows: Art. 296. Probationary employment. — Probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged in a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance [...]

By Atty Elvin Uncategorized atty. elvin, DOLE, labor, Labor Arbiter, labor case, Labor Code, labor law, nlrc, SEnA 12 Comments Read more...

25 Nov

BACKWAGES OF ILLEGALLY DISMISSED PROBATIONARY EMPLOYEE SHOULD BE COMPUTED UP TO THE ACTUAL REINSTATEMENT

In the case of C.P. Reyes Hospital (G.R. No. 228357, April 16, 2024), it is argued that backwages for illegally dismissed probationary employees must be computed only until the end of the probationary period, as laid down in Robinsons Galleria. The contention is that since the security of tenure enjoyed by probationary employees is limited, such that they cannot earn wages beyond the probationary period without actually qualifying for regularization, there is no reason to extend backwages beyond such [...]

By Atty Elvin Labor Law atty. elvin, DOLE, labor, Labor Arbiter, labor case, Labor Code, labor law, nlrc, SEnA 10 Comments Read more...

23 Nov

DOLE Labor Advisory on PWDs in the Workplace

Acquire Mastery in Labor Essentials. Join us in our Seminar In line with the country’s policy providing for the rehabilitation, self-development, self- reliance, and integration into the mainstream society of persons with disabilities as well as being one of the signatories to the Convention on the Rights of Persons with Disabilities and in support of the 2023 National Disability Prevention and Rehabilitation (NDPR) Week Celebration with the theme, “Persons with Disabilities Accessibility and Rights: Towards A Sustainable Future where No [...]

By Atty Elvin Uncategorized 10 Comments Read more...

12 Nov

Master Labor Law Essentials Seminar by Atty. Elvin

This is another solutions-focused seminar by one of the sought-after labor law and litigation practitioners, Atty. Elvin B. Villanueva. This will be held on 28 November 2024 at the City Garden Hotel, Makati. Learners will be trained in usually contentious areas of labor laws, the labor standards benefits and termination of employment through exposition of current rules, exceptions, and strategies to prevent labor dispute or to help resolve existing concerns in respective enterprise. Participants may expect to acquire practical knowledge and skills [...]

By Atty Elvin Labor Law, Seminars atty. elvin, DOLE, labor, labor case, Labor Code, labor law, nlrc, SEnA 12 Comments Read more...

27 Jan

Acceptance of Resignation by the Employer is Necessary to make the Resignation Effective and Receipt is not Equivalent to Acceptance

To constitute a resignation, it must be unconditional and with the intent to operate as such. There must be an intention to relinquish a portion of the term of office accompanied by an act of relinquishment (Azcor Manufacturing, Inc. v. NLRC, 303 SCRA 26, 33). Voluntary resignation is defined as the act of an employee, who finds himself in a situation in which he believes that personal reasons cannot be sacrificed in favor of the exigency of the service; thus, [...]

By Atty Elvin Labor Law acceptance, atty. elvin, labor, labor case, Labor Code, labor law, Resignation 9 Comments Read more...

27 Jan

No Abandonment and No Constructive Dismissal Result in Reinstatement without Backwages

It is well settled that abandonment of work cannot be simply presumed from the occurrence of certain equivocal acts. In proving abandonment, this the Supreme Court (SC) held in Hubilla vs. HSY Marketing Ltd., Co. (823 Phil. 358, 385 (2018) that there must be a positive and overt act signifying an employee’s deliberate intent to sever his or her employment. Thus, mere absence from work, even after a notice to return, is insufficient to prove abandonment. The employer must show that [...]

By Atty Elvin Labor Law abandonment, atty. elvin, constructive dismissal, dismissal, labor, Labor Arbiter, Labor Code, labor law, termination 8 Comments Read more...

03 Jan

Transfer and Constructive Dismissal when Merges as Issues in an Illegal Dismissal Complaint

Complaint for constructive / illegal dismissal based on claim of illegal transfer usually faces the clash of two sets of different burden of proof. That is, burden on the employer side (in case of proving validity of transfer) and burden on the side of employee (to prove the fact of dismissal in a claim of constructive dismissal). A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.” Promotion, [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, DOLE, labor, labor case, Labor Code, labor law, nlrc, transfer 9 Comments Read more...

26 Dec

General Manager of a Cooperative may not be an Employee

Is the General Manager of a cooperative an employee? When he files a labor complaint will the Labor Arbiter have jurisdiction over it? In the case of Ellao vs. Batangas I Electric Cooperative Inc. (BATELEC I) (835 Phil. 914 (2018)), Ellao was appointed as General Manager of the cooperative. Ellao committed irregularities while in office and was terminated from employment through a board resolution. Ellao then filed a complaint for illegal dismissal before the labor tribunals, which assumed jurisdiction over the [...]

By Atty Elvin Labor Law atty. elvin, corporate officer, DOLE, jurisdiction, labor, Labor Code, labor law, nlrc 16 Comments Read more...

18 Dec

Substantial Compliance in Jurisdictional Requirement for Appeal in NLRC Case

Appeals involving monetary awards are perfected only upon compliance with the following mandatory requisites, namely: [Salazar vs. Simbajon, G.R. No. 202374, June 30, 2021] (1) payment of the appeal fees; (2) filing of the Memorandum of Appeal; and (3) payment of the required cash or surety bond. For the posting of cash or surety bond, its purpose is to assure the employees that they will receive the monetary award granted them if they finally prevail in the case. The bond also serves to [...]

By Atty Elvin Labor Law appeal, atty. elvin, bond, labor, Labor Code, labor law, motion to reduce bond, reduce bond 19 Comments Read more...

Author - Atty Elvin