Labor Code Archives - Page 2 of 20

07 Dec

Verbal Dismissal and its Probative Weight in Labor Cases

An employer may be sued before the National Labor Relations Commission (NLRC) for illegal dismissal involving claims of verbal dismissal. How will the labor court appreciate the allegation of verbal dismissal? In the case of Nuda vs. LGTM Corporation, Inc. (G.R. No. 245835, March 22, 2023), the Supreme Court held that before there can be a finding of illegal dismissal, the fact of dismissal must first be proved by the employee. Indeed, in illegal dismissal cases, the burden of proof is [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, labor, Labor Code, labor law, nlrc, presumption 0 Comments Read more...

05 Oct

It is Highly Improbable to Render Work for Five Employers in a Span of One Week

This is a case involving the complainant’s claim of existence of employer-employee relationship. Facts: Anselmo Bulanon alleged that he was hired as a Welder/Fabricator in the furniture business of respondent Eric Ng Mendoza (Eric). Eric owns various furniture businesses namely, Mendco Development Corporation (Mendco ), Pinnacle Casting Corporation (Pinnacle), Mastercraft Phil. Inc. (Mastercraft), and Jacquer International (Jaquer). The case arose when Bulanon initially filed a Complaint against respondents Eric, Mendco, Pinnacle, Mastercraft, and Jacquer (respondents collectively), before the Department of Labor and [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, employer-employee relationship, labor, labor case, Labor Code, labor law 0 Comments Read more...

10 Aug

Safe Spaces Act in the Workplace with Sample Description of Procedure and Policies

Safe Spaces Act is a law that protects gender preference against any form of harassment. In the workplace, the employer has duties that need to be observed. R.A. 11313, which is an act defining gender-based sexual harassment in streets. Public spaces, online, workplaces, and educational or training institutions, providing protective measures and prescribing penalties therefor. This Act is known as the “Safe Spaces Act”. It is the policy of the State to value the dignity of every human person and guarantee [...]

By Atty Elvin Labor Law atty. elvin, gender, Gender-based sexual harassment, labor, Labor Code, labor law, Safe Spaces Act 0 Comments Read more...

22 Jun

Proof Required in Allegation of Fraud in Employee Dismissal Cases

Where the employer claims that the employee’s act constituted fraud which warranted her dismissal, the employer has to submit substantial evidence as proof. Article 297 (c) of Presidential Decree No. 442, also known as the Labor Code of the Philippines, provides that fraud or willful breach by the employee of the trust reposed in him or her by his or her employer or duly authorized representative is a ground for dismissal being a just cause. As held by the Supreme Court [...]

By Atty Elvin Labor Law atty. elvin, dismissal, fraud, Illegal dismissal, labor, Labor Code, labor law, termination 0 Comments Read more...

14 Jun

Floating Status Presupposes that there are More Employees than Work

Floating status is implicitly recognized in Article 301 of the Labor Code which speaks of situations of temporary retrenchment or lay-off due to valid operation issues. Article 301 provides that the bonafide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without [...]

By Atty Elvin Labor Law atty. elvin, Floating status, labor, labor case, Labor Code, labor law, off-detail 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...

04 Jun

Termination by Operation of Law due to Failure to Reinstate After Six Months of Off Detail

Temporary suspension of operations is recognized as a valid exercise of management prerogative provided it is not carried out in order to circumvent the provisions of the Labor Code or to defeat the rights of the employees under the Code. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six ( 6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, [...]

By Atty Elvin Labor Law atty. elvin, bonafide suspension, labor, Labor Code, labor law, off-detail 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...

28 May

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

For misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: [Globe Telecom, Inc. vs. Ebitner, G.R. No. 242286, January 16, 2023 citing Sterling Paper Products Enterprises, Inc. vs. KMM-Katipunan, 815 Phil. 425 (2017)] (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and (c) it must have been performed with wrongful intent. In a case [...]

By Atty Elvin Labor Law atty. elvin, fraud, Illegal dismissal, labor, Labor Code, labor law, presumption, presumption of regul, Presumption of Regularity, regular performance of duty, Serious Misconduct 0 Comments Read more...

25 May

Minimum Wage Exemption Under the BMBE Law

Post-lockdown scenarios on account of the COVID-19 pandemic present us the return to hyper business activities. In turn, demand for work can be on the rise. For years, most Regional Tripartite Wages and Productivity Boards (RTWPBs) did not issue minimum wage orders most likely to tide the effects of COVID-19 on businesses. With the re-opened economy, employees are up and about marching in throngs during office hours. The concern on increase in minimum wages is becoming a trend. In fact, some [...]

By Atty Elvin Labor Law atty. elvin, bmbe, labor, Labor Code, labor law, minimum wage, RTWPB 0 Comments Read more...

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