Tag - commission

Effects if Motion for Reconsideration is Filed instead of Appeal from the Decision of the Labor Arbiter

In labor case, one of the parties may receive an adverse decision or order of the Labor Arbiter. In such case, what is the remedy? While most of the respondents in a labor case are represented by a counsel, there are those who undertake labor litigation on their own or without a lawyer. Considering that technical requirements of the procedure, mistake may be committed along the way. One of the critical steps in labor litigation where mistake may be committed is [...]

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 [...]

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 [...]

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