atty. elvin Archives - LVS Rich Publishing

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 [...]

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 0 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 0 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 0 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 0 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 0 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 0 Comments Read more...

15 Dec

Execution of the Compromise Agreement does not Necessarily Bar Liability for Claims

Waivers and quitclaims executed by employees are generally frowned upon for being contrary to public policy. This is based on the recognition that employers and employees do not stand on equal footing. [Aldovino vs. Gold and Green Manpower Management and Development Services, Inc., G.R. No. 200811, June 19, 2019] In Land and Housing Development Corporation vs. Esquillo, the Supreme Court (SC) held that the reason why quitclaims are commonly frowned upon as contrary to public policy, and why they are [...]

By Atty Elvin Labor Law atty. elvin, dismissal, labor, labor case, Labor Code, labor law, nlrc 0 Comments Read more...

10 Dec

Employees on Temporary Layoff Should Still be given Written Notice of Retrenchment

What happens if the employees are already on temporary layoff under Article 301 of the Labor Code, and the employer decided to forego of their employment, should the latter still issue a written notice of retrenchment? The Supreme Court resolved this poser in the case of Keng Hua Paper Products vs. Ainza, [G.R. No. 224097, February 22, 2023]. Citing Sanoh Fulton Phils., Inc. v. Bernardo, the SC explained that Article 298 and emphasized that retrenchment to prevent losses or the closing [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, labor, Labor Code, labor law, Retrenchment 0 Comments Read more...

07 Dec

Verbal Dismissal and its Probative Weight in Labor Cases

An employer may be sued before the National Labor Relations Commission (NLRC) for illegal dismissal involving claims of verbal dismissal. How will the labor court appreciate the allegation of verbal dismissal? In the case of Nuda vs. LGTM Corporation, Inc. (G.R. No. 245835, March 22, 2023), the Supreme Court held that before there can be a finding of illegal dismissal, the fact of dismissal must first be proved by the employee. Indeed, in illegal dismissal cases, the burden of proof is [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, labor, Labor Code, labor law, nlrc, presumption 0 Comments Read more...

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