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Author - Atty Elvin

20 Apr

The Activities of Project Employees may or may not be Usually Necessary or Desirable in the Usual Business or Trade of the Employer

Fortunato B. Ando, Jr. (Ando) filed a complaint against E. Ganzon, Inc. (EGI) and its President, Eulalio Ganzon, for illegal dismissal and money claims. Ando alleged that he was a regular employee working as a finishing carpenter in the construction business of EGI. He said that he was repeatedly hired from January 21, 2010 until April 30, 2011 when he was terminated without prior notice and hearing. EGI countered that, as proven by the three (3) project employment contracts, Ando was [...]

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19 Apr

Employment Records must be Maintained in the Office where Employees are Assigned

Quebral, et al., alleged that Angbus employed them as construction workers on various dates from 2008 to 2011. They claimed to be regular employees since they were engaged to perform tasks which are necessary and desirable to the usual business of Angbus, and that they have rendered services to the latter’s construction business for several years already. They were, however, summarily dismissed from work on June 28, 2012 and July 14, 2012 without any just or authorized cause and due [...]

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18 Apr

TRANSFERRING A WIFE TO HER HUSBAND’S OFFICE IS A MANAGEMENT PREROGATIVE

Martinez Memorial Colleges, Inc. (MMC) is a private educational institution. Mariano was MMC’s Assistant Cashier since April 15, 1976 and had been in service for 32 years. Part of her job was to accept payments and issue receipts and deposit slips to MMC students. On March 12, 2008, the Mariano went on a one month authorized leave of absence, as she and her husband Dario Mariano (Dario), Director for Finance of MMC, would be vacationing in the United States. When [...]

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17 Apr

LAPSE OF EIGHT YEARS IS CONSIDERABLE TIME TO SUPPORT THE GRANT OF SEPARATION PAY IN LIEU OF REINSTATEMENT

An illegally dismissed employee is entitled to two separate reliefs: full backwages and reinstatement. In such case where reinstatement is no longer an option, payment of separation pay is justified. The Court considers “considerable time,” which includes the lapse of eight years or more (from the filing of the complaint up to the resolution of the case) to support the grant of separation pay in lieu of reinstatement. Considering that about eight years had passed from the time that Sta. Ana [...]

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16 Apr

SATISFACTORY SERVICE REQUIREMENT FOR TEACHERS TO BECOME REGULAR CONNOTES SETTING OF REASONABLE STANDARDS

Petitioners complainants were hired by San Juan de Dios Educational Foundation, respondent college, for full-time teaching positions. The appointment of petitioner Fallarme was effective at the start of the semester of School Year (SY) 2003-2004 as signified by a memorandum issued by the school informing her that she had been hired. The memorandum did not specify whether she was being employed on a regular or a probationary status. Aside from being appointed to a faculty position, she was also appointed [...]

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14 Apr

Sales Commissions, Tax Rebates, or Profit Sharing may Form Part of the Employee’s Wage

The employee claims for payment of sales commissions, tax rebates, and profit sharing. The company denied contending that these are unfounded and without documentation and validation. The Supreme Court held that “Wage” paid to any employee shall mean the remuneration of earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis xxx. The aforesaid provision explicitly includes commissions as part of wages. Citing Iran v. NLRC, the Court held [...]

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14 Apr

A Contractor is Presumed as Labor-Only Contractor

Diamond Farms, Inc. (DFI) and Diamond Farms Agrarian Reform Beneficiaries Multi-Purpose Cooperative (DARBMUPCO) entered into a Banana Production and Purchase Agreement (“BPPA”) to grow and cultivate only high grade quality exportable bananas to be sold exclusively to DFI. The BPPA is effective for 10 years. DARBMUPCO and DFI executed a “Supplemental to Memorandum Agreement” (“SMA”). The SMA stated that DFI shall take care of the labor cost arising from the packaging operation, cable maintenance, irrigation pump and irrigation maintenance that [...]

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12 Apr

Part Time Employees are Entitled to Retirement Benefits

Juanito Bernardo filed a complaint against DLS-AU for the payment of retirement benefits. Bernardo alleged that he started working as a part-time professional lecturer at DLS-AU (formerly known as the Araneta University Foundation) on June 1, 1974. Bernardo’s teaching contract was renewed at the start of every semester and summer. However, on November 8, 2003, DLS-AU informed Bernardo through a telephone call that he could not teach at the school anymore as the school was implementing the retirement age limit [...]

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12 Apr

DOLE Findings Should Contain Determination of Employer-Employee Relationship

Under Article 128 of the Labor Code, the Secretary of Labor, or any of his or her authorized representatives, is granted visitorial and enforcement powers for the purpose of determining violations of, and enforcing, the Labor Code and any labor law, wage order, or rules and regulations issued pursuant thereto. Indispensable to the DOLE’s exercise of such power is the existence of an actual employer-employee relationship between the parties. The power of the DOLE to determine the existence of an [...]

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11 Apr

Totality of Infractions Principle in Labor Cases

Cebu People’s Multi-purpose Cooperative (CPMPC) hired Carbonilla, Jr. as a Credit and Collection Manager and, as such, was tasked with the handling of the credit. and collection activities of the cooperative, which included recommending loan approvals, formulating and implementing credit and collection policies, and conducting trainings. Sometime in 2007, CPMPC underwent a reorganization whereby Carbonilla, Jr. was also assigned to perform the duties of Human Resources Department (HRD) Manager, i.e., assisting in the personnel hiring, firing, and handling of labor [...]

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