Welcome to LVS Rich Publishing!
(02) 8579-9170 | Buy Guide

Tag - atty. elvin

30 Aug

Retrenchment of Employees and Criteria Employed

Retrenchment is the termination of employment effected by management during periods of business recession, industrial depression, seasonal fluctuations, lack of work or considerable reduction in the volume of the employer’s business. Resorted to by an employer to avoid or minimize business losses. It is a reduction in manpower, a measure utilized by an employer to minimize business losses incurred in the operation of its business. (Philippine Carpet Employees Association [PHILCEA] vs. Hon. Sto. Tomas, G.R. No. 168719, February 22, 2006) Retrenchment [...]

By Labor Law , , , , 0 Comments Read more...
25 Aug

Rules on Pay During Weather Disturbances 2022

On 23 August 2022, the Malacanang issued an order suspending work in the government offices and school activities for from 23 August 2022 to 24 August 2022. This was due to the inclement weather. Accordingly, the Department of Labor and Employment (DOLE) issued a Labor Advisory providing the rules of pay during weather disturbances. Notably, employees shall not be held administratively liable for not reporting for work in the event if imminent danger resulting from weather disturbances. Below is the PDF copy [...]

By Labor Law , , , , , , 0 Comments Read more...
12 Jul

Venue in Labor Cases, in which Place should Labor Cases be Filed

Venue in labor cases means the place, city, or location where the case should be filed. This is governed by the rules on venue under Rule IV of the 2011 NLRC Rules of Procedure, as amended. All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant or petitioner. For purposes of venue, the workplace shall be understood as the place or locality where [...]

By Labor Law , , , , , , , 0 Comments Read more...
11 Jul

Retrenchment Due to Existence or Imminence of Substantial Losses

Retrenchment is one of the grounds for dismissal under the Labor Code. In the case of Team Pacific Corporation vs. Parente, G.R. No. 206789, July 15, 2020. The employer claiming “existence or imminence of substantial losses” that would warrant the retrenchment, must prove the same. In Lopez Sugar Corporation v. Federation of Free Workers: Firstly, the losses expected should be substantial and not merely de minimis in extent. If the loss purportedly sought to be forestalled by retrenchment is clearly shown to be insubstantial and [...]

By Labor Law , , , , , 0 Comments Read more...
10 Jul

Solidary Liability of Owners in Labor Cases

In case of dismissals, directors and officers of corporations may only be held solidarily liable with the corporation if they acted in bad faith or with malice. In Mandaue Dinghow Dimsum House, Co., Inc. vs. National Labor Relations Commission[ 571 Phil. 108 (2008)], the Supreme Court (SC) held that a corporation is invested by law with a personality separate and distinct from those of the persons composing it as well as from that of any other legal entity to which [...]

By Labor Law , , , , , , , , , , 1 Comment Read more...
09 Jul

Resigned Employees are not Entitled to Separation Pay

Resignation is provided under Art. 300 of the Labor Code. There is nothing in such article that mandates the payment of separation pay to resigned employee. In a case of Italkarat 18, Inc. vs. Gerasmio, (G.R. No. 221411, September 28, 2020), the Supreme Court held that as a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of [...]

By Labor Law , , , , , , , , 1 Comment Read more...
06 Jul

Claim of Involuntariness in Employee Resignation

Resignation is one of the rights granted to employees under Article 300 of the Labor Code, as amended. In the case of Italkarat 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that records are bereft of substantial evidence that will unmistakably establish a case of constructive dismissal. An act, to be considered as amounting to constructive dismissal, must be a display of utter discrimination or insensibility on the part of the employer so intense [...]

By Labor Law , , , , , , 0 Comments Read more...
04 Jul

Notes on Bona Fide Suspension of Operations and Extension

Below is a quick guide on doctrines, rules, and principles governing the bonafide suspension of operations and its extension per D.O. 215, Series of 2020. This is useful in refreshing the concepts and rules involved: For full discussion on this matter, read here. Terminologies used: Temporary off-detail; Temporary layoff; bonafide suspension of operations Period not exceeding six months So before 6 months, Employer (ER) has to decide whether to Resume or to Close If ER Resumes Reinstate without loss of seniority rights if Employee (EE) indicates [...]

By Labor Law , , , , , , , , , 0 Comments Read more...
03 Jul

Retrenchment Criteria Used in Employee Termination

Retrenchment is one of the authorized causes to dismiss an employee under Article 298 of the Labor Code. It involves a reduction in the workforce, resorted to when the employer encounters business reverses, losses, or economic difficulties, such as “recessions, industrial depressions, or seasonal fluctuations.” (La Consolacion College of Manila v. Pascua, 828 Phil. 182, 191-192 (2018)) This is usually done as a last recourse when other methods are found inadequate. A valid retrenchment may only be exercised after the employer has [...]

By Labor Law , , , , , 0 Comments Read more...
error: Content is protected !!