Tag - company policy

No Spouse Employment Policy

The case of Star Paper Corporation vs. Simbol brought about the concepts of disparate impact and disparate treatment on employment discrimination into our shores. In disparate treatment analysis, the complainant must prove that an employment policy is discriminatory on its face. No-spouse employment policies requiring an employee of a particular sex to either quit, transfer, or be fired are facially discriminatory. For example, an employment policy prohibiting the employer from hiring wives of male employees, but not husbands of female [...]

Just Cause for Employee Dismissal

In the previous post, the guideposts on employee dismissal were discussed. The discussion is based on the book Guide to Valid Dismissal of Employees. Having already shown the guideposts, the first to be discussed is the cause allowed by law in termination. What are the “proper and valid grounds” for dismissal? The Labor Code mentions that this refers to just causes under Article 282 [now Article 297 in a re-numbered Labor Code] and authorized causes under Article 283 [now Article 298] [...]


As a matter of general principle, the Court upholds these management prerogatives so long as they are exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws and valid agreements. As long as the company’s exercise of management prerogatives is in good faith in order to advance its interests and not for the purpose of defeating or circumventing the rights of the [...]

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