Tag - company practice

Company Practice Must be Proven by Employee

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Company practice is usually used as basis to claim diminution of benefit. The idea is that there is no express policy granting company practice. The claimant alleges that said benefit was removed without his consent. Since there is nothing in writing granting such benefit, the claimant may allege that there is a company practice. While this is admitted, the claimant has to prove [...]

Company Practice Must Be Proven by Claimant

Employees complain that they are¬†entitled to a higher retirement benefit based on company practice. Is the claim of “company practice” enough to grant such benefit? The burden of proof that the benefit has ripened into company practice, i.e., giving of the benefit is done over a long period of time, and that it has been made consistently and deliberately, rests with the employee. To be considered as a regular company practice, the employee must prove by substantial evidence that the [...]

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