jurisdiction Archives - LVS Rich Publishing

26 Dec

General Manager of a Cooperative may not be an Employee

Is the General Manager of a cooperative an employee? When he files a labor complaint will the Labor Arbiter have jurisdiction over it? In the case of Ellao vs. Batangas I Electric Cooperative Inc. (BATELEC I) (835 Phil. 914 (2018)), Ellao was appointed as General Manager of the cooperative. Ellao committed irregularities while in office and was terminated from employment through a board resolution. Ellao then filed a complaint for illegal dismissal before the labor tribunals, which assumed jurisdiction over the [...]

By Atty Elvin Labor Law atty. elvin, corporate officer, DOLE, jurisdiction, labor, Labor Code, labor law, nlrc 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 Atty Elvin Labor Law atty. elvin, jurisdiction, labor case, Labor Code, labor dispute, labor law, nlrc rules, venue 0 Comments Read more...

11 Aug

Employment bond claims fall within the jurisdiction of the Labor Arbiter

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employment bond which oftentimes refers to the amount of money to be paid by the employee to the employer for resignation prior to the end of stipulated period or for termination for cause is an employment related issue although the dispute usually occurs when the employee is not anymore connected. For instance, the employer and employee may agree on a minimum employment length in [...]

By Atty Elvin Labor Law employment bond, jurisdiction 14 Comments Read more...

11 Aug

Employment contract is not entirely voided by a potestative condition imposed after the birth of the perfected agreement

Employment contract carrying a potestative condition is not entirely affected. A potestative condition is one the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to the performance of the obligation and not on the birth of the perfected contract it shall affect only such provision and not the entire stipulations. Thus, the SC held in the case of Gemudiano vs. Naess Shipping Philippines, Inc. (G.R. No. 223825, [...]

By Atty Elvin Labor Law employment contract, jurisdiction, Potestative condition 22 Comments Read more...

25 May

Jurisdiction of Labor Arbiter Does Not Apply to Termination for Acts of Purely Religious in Nature

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Termination of a religious minister’s engagement at a local church due to administrative lapses, when it relates to the perceived effectivity of a minister as a charismatic leader of a congregation, it’s a prerogative best left to the church affected by such choice. If a religious association enacts guidelines that reserve the right to transfer or reassign its licensed ministers according to what it [...]

By Atty Elvin Labor Law efficiency vs. effectivity, jurisdiction, termination 15 Comments Read more...

04 May

Can Employees File a Labor Case with the Barangay Captain?

For ordinary employees living on daily wages, filing of labor case against the company can impact of their budget as they need to pay for transportation and all other incidental expenses in going to DOLE/NLRC offices. Can they instead file a case with the Barangay as it is near the place where they work? Can the Barangay Captain compel the employer to participate in the proceeding? Under Section 408 of the Local Government Code, the Lupon shall have authority to bring together the parties [...]

By Atty Elvin Labor Law jurisdiction 13 Comments Read more...

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