Tag - Employer-employee

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly [...]

Employee on a Per Trip Basis can be Regular Employee

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged to perform activities which are necessary or desirable in the usual business or trade of the employer. Rodrigo A. Upod vs. Onon Trucking and Marketing Corporation and Aimardo V. Interior G.R. No. 248299, July 14, 2021 Regular employment of truck drivers in hauling business; Where the employee performed acts necessary and desirable to respondent company’s  business  [...]

Delivery Riders may or may not be Entitled to Employment Benefits

On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 providing for the Working Conditions of Delivery Riders in Food Delivery and Courier Activities. See PDF copy of the Labor Advisory 14, Series of 2021 here. Pursuant to the provisions of Article 5 of the Labor Code of the Philippines, as renumbered, and Republic Act No. 11058, the DOLE issued said Advisory to ensure compliance with applicable general labor standards and occupational safety [...]

Elements of Employer-Employee Relationship Crucial in Determining Entitlement to Benefits of Delivery or Courier Riders

Employer-employee relationship will be the gauge in determining entitlement to labor Labor Standards benefits. The labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with. On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 intending to shed light on the relationship between the parties. The Labor Advisory does not mandate that this arrangement has automatically created employer-employee relationship. It primarily provides the test [...]

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