nlrc - LVS Rich Publishing

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 [...]

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...

24 Apr

Illegal Dismissal Case is a Command on Employer to make Public Reparation hence Prescribes in Four Years

Although illegal dismissal is a violation of the Labor Code, it is not the “offense” contemplated in Article 305 [formerly Article 290] of the Labor Code. [Arriola vs. Pilipino Star Ngayon, Inc., G.R. No. 175689. August 13, 2014] Article 305 refers to illegal acts penalized under the Labor Code, including committing any of the prohibited activities during strikes or lockouts, unfair labor practices, and illegal recruitment activities. The three-year prescriptive period under Article 305, therefore, does not apply to [...]

By Atty Elvin Labor Law atty. elvin, Illegal dismissal, labor, Labor Code, labor dispute, labor law, nlrc, prescription, Prescriptive period 0 Comments Read more...

20 Apr

Quick Overview of the Differences among DOLE, NLRC, NCMB, and BLR

Most HR practitioners, employees, managers, and business owners are confused about the relationship of the DOLE, NLRC, NCMB, and BLR. They cannot be blamed considering that only a few practitioners understand the scope, jurisdiction, and functions of each government office. DOLE stands for Department of Labor and Employment. NLRC stands for National Labor Relations Commission, NCMB stands for National Conciliation and Mediation Board, and the BLR stands form Bureau of Labor Relations. The DOLE is the national government agency mandated to [...]

By Atty Elvin Labor Law atty. elvin, blr, DOLE, employee, employer, labor, Labor Code, labor law, ncmb, nlrc, union 0 Comments Read more...

12 Apr

Exemplary Damages in Labor Cases

Exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. [Article 2229, Civil Code] Further, the Civil Code provides for the rules concerning the award of exemplary damages. In Article 2229 it states that exemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages. While in Article 2232 [...]

By Atty Elvin Labor Law atty. elvin, Exemplary Damages, Illegal dismissal, labor, labor case, Labor Code, labor law, nlrc 0 Comments Read more...

31 Dec

Employer Employee Relationship Issue in a Labor Dispute

While the Labor Arbiter (LA) has no jurisdiction over dispute that does not arise from employer-employee relationship, the determination of whether such relationship exists lies with the LA also. In the case of Atok Big Wedge Company, Inc. vs. Gison (G.R. No. 169510, August 8, 2011), the Supreme Court (SC) held that well-entrenched is the doctrine that the existence of an employer-employee relationship is ultimately a question of fact and that the findings thereon by the Labor Arbiter and [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employer-employee relationship, labor case, Labor Code, labor dispute, labor law, nlrc 0 Comments Read more...

11 Apr

Burden of Proof in Constructive Dismissal

Burden of proof is the standard required in proving a case. In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause. (Suldao vs. Cimech System Construction, Inc., G.R. No. 171392, October 30, 2006.) This means that if the employee claims he was constructively dismissed from service and sues the employer, it is the employer who must prove that the employee was not dismissed [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, dismissal, due process, Just Cause, labor case, Labor Code, labor law, nlrc 14 Comments Read more...

27 Feb

Affidavits in Labor Cases are not Hearsay for Having been taken Ex-Parte

Affidavits in labor cases are usually executed without the affiant being subject to cross-examination. The question is, without such cross-examination is the affidavit admissible in evidence? The Supreme Court (SC), in the case of JR Hauling Services vs. Solamo, (G.R. No. 214294, September 30, 2020), held that such affidavit is admissible. According to the SC, the argument that the affidavits are hearsay for having been taken ex parte i.e., that the affiants were not presented for cross-examination, does not persuade [...]

By Atty Elvin Labor Law affidavit, atty. elvin, dismissal, labor, Labor Code, labor law, nlrc 18 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 [...]

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

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of [...]

By Atty Elvin Labor Law actual dismissal, atty. elvin, constructive dismissal, DOLE, Illegal dismissal, labor, labor case, Labor Code, Money claims, nlrc, RFA, SEnA 10 Comments Read more...

21 Feb

WILLFUL DISOBEDIENCE AS GROUND FOR DISMISSAL

Balais vs. Se’lon by Aimee G.R. No. 196557, June 15, 2016 Facts: Balais narrated that he was Salon de Orient’s senior hairstylist and make-up artist when respondent Amelita Revilla (Revilla) took over the business. Revilla, however, retained his services as senior hairstylist and make-up artist. Under the new management, Salon De Orient became Se’lon by Aimee and respondent Alma Belarmino (Belarmino) was appointed as its salon manager, who was in-charge of paying the employees’ wages, dismissing erring employees, and exercising [...]

By Atty Elvin Labor Law discipline, dismiss, dismissal, due process, employee discipline, labor case, nlrc, termination, theft, willful disobedience 13 Comments Read more...

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