Tag - atty. elvin

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, [...]

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 [...]

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

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 [...]

It is Highly Improbable to Render Work for Five Employers in a Span of One Week

This is a case involving the complainant’s claim of existence of employer-employee relationship. Facts: Anselmo Bulanon alleged that he was hired as a Welder/Fabricator in the furniture business of respondent Eric Ng Mendoza (Eric). Eric owns various furniture businesses namely, Mendco Development Corporation (Mendco ), Pinnacle Casting Corporation (Pinnacle), Mastercraft Phil. Inc. (Mastercraft), and Jacquer International (Jaquer). The case arose when Bulanon initially filed a Complaint against respondents Eric, Mendco, Pinnacle, Mastercraft, and Jacquer (respondents collectively), before the Department of Labor and [...]

Safe Spaces Act in the Workplace with Sample Description of Procedure and Policies

Safe Spaces Act is a law that protects gender preference against any form of harassment. In the workplace, the employer has duties that need to be observed. R.A. 11313, which is an act defining gender-based sexual harassment in streets. Public spaces, online, workplaces, and educational or training institutions, providing protective measures and prescribing penalties therefor. This Act is known as the “Safe Spaces Act”. It is the policy of the State to value the dignity of every human person and guarantee [...]

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