Uncategorized Archives - Page 5 of 5

13 Mar

Loss of Trust and Confidence should be Genuine and not Simulated

Sta. Ana was hired as outlet Teller at the off-track betting station of Manila Jockey Club, Inc. (MJCI), in Tayuman, Manila. Sta. Ana was suspected of engaging in personal lending business using the company fund and MJCI employee to run such personal business. However, she argued that she was using her own money, never had a shortage, and was not using MJCI employee to run her lending operation. Related: How to prohibit lending activity in Code of Conduct Sta. Ana added that [...]

By Atty Elvin Labor Law, Uncategorized Illegal dismissal, loss of trust and confidence, willful breach 21 Comments Read more...

12 Mar

TRANSFER THAT RESULTS IN PROMOTION REQUIRES ACCEPTANCE OF EMPLOYEE

A memorandum was issued transferring an employee to Delivery Section. The employee refused as he did not want to be promoted as a “Delivery Supervisor.” Another employee also declined the offer of promotion claiming that he was contented in his post then as a Forklift Operator. He also alleged that he would be more productive as an employee if he remained in his post. He also lacked prior supervisory experience. The company subsequently terminated them. The employees filed a labor [...]

By Atty Elvin Uncategorized 17 Comments Read more...

02 Mar

COMMISSION CAN BE FORFEITED BY EMPLOYER

If Agreed Upon in an Employment Agreement, Commission can be Forfeited upon Violation of Non-Compete Clause In an employment agreement, the Mr. Babiano agreed that in case of violation of the non-compete clause, his sales commission can be forfeited. During the time of his employment with Century Properties, he admitted having applied and worked for a competitor. Hence, his commission was forfeited as agreed upon. He filed a complaint claiming for his commission. But the Supreme Court declared that forfeiture was [...]

By Atty Elvin Labor Law, Uncategorized commission, employment contract, forfeiture of commission 16 Comments Read more...

28 Feb

MINIMUM WAGE EARNERS DO NOT LOSE MWE STATUS EVEN IF GIVEN OTHER BENEFITS

The Supreme Court, in the case of Soriano vs. Secretary of Finance (G.R. No. 184450, January 24, 2017) resolved the query as to whether Sections 1 and 3 of RR 10-2008 are consistent with the law in declaring that a Minimum Wage Earner (MWE) who receives other benefits in excess of the statutory limit of P30,000 is no longer entitled to the exemption provided by R.A. 9504, is consistent with the law. The impact of MWEs not being exempted is that [...]

By Atty Elvin Uncategorized 21 Comments Read more...