Labor Arbiter Archives - LVS Rich Publishing

30 Oct

Termination of Supposedly Probationary Employee Who Was Not Informed Of Standards To Qualify As Regular Employee At Time Of Engagement

The pertinent law governing probationary employee is Article 296 of the Labor Code which provides as follows: Art. 296. Probationary employment. — Probationary employment shall not exceed six months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged in a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance [...]

25 Nov

BACKWAGES OF ILLEGALLY DISMISSED PROBATIONARY EMPLOYEE SHOULD BE COMPUTED UP TO THE ACTUAL REINSTATEMENT

In the case of C.P. Reyes Hospital (G.R. No. 228357, April 16, 2024), it is argued that backwages for illegally dismissed probationary employees must be computed only until the end of the probationary period, as laid down in Robinsons Galleria. The contention is that since the security of tenure enjoyed by probationary employees is limited, such that they cannot earn wages beyond the probationary period without actually qualifying for regularization, there is no reason to extend backwages beyond such [...]

By Atty Elvin Labor Law atty. elvin, DOLE, labor, Labor Arbiter, labor case, Labor Code, labor law, nlrc, SEnA 0 Comments Read more...

27 Jan

No Abandonment and No Constructive Dismissal Result in Reinstatement without Backwages

It is well settled that abandonment of work cannot be simply presumed from the occurrence of certain equivocal acts. In proving abandonment, this the Supreme Court (SC) held in Hubilla vs. HSY Marketing Ltd., Co. (823 Phil. 358, 385 (2018) that there must be a positive and overt act signifying an employee’s deliberate intent to sever his or her employment. Thus, mere absence from work, even after a notice to return, is insufficient to prove abandonment. The employer must show that [...]

By Atty Elvin Labor Law abandonment, atty. elvin, constructive dismissal, dismissal, labor, Labor Arbiter, Labor Code, labor law, termination 0 Comments Read more...

07 Jun

Consequences if the Employer Fails to Appear in SENA Conferences

SENA or Single Entry Approach refers to an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full blown disputes. Conciliation-mediation process shall be utilized as immediate intervention to effect amicable settlement among the differing parties. It is a 30-day conciliation-mediation services shall be made operational through the Single Entry Approach Desk (SEAD) either in the Regional Branch of the National Conciliation and Mediation Board [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Arbiter, labor case, Labor Code, labor law, SEnA 0 Comments Read more...

02 Jun

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 [...]

By Atty Elvin Labor Law appeal, atty. elvin, commission, labor, Labor Arbiter, Labor Code, labor law, memorandum of appeal, motion for reconsideration, nlrc 0 Comments Read more...

04 Aug

Filing of Papers Before the Labor Arbiter is Suspended During ECQ in NCR

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The National Labor Relations Commission (NLRC) suspended the filing of pleadings before the Labor Arbiter or those under the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). The NLRC issued Advisory No. 14, dated 2 August 2021 providing rules to govern the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). Since the National Capital Region [...]

By Atty Elvin Labor Law atty. elvin, ECQ, Labor Arbiter, Labor Code, labor law, nlrc, Position Paper, Reglementary Period 11 Comments Read more...

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