Tag - nlrc

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 [...]

Master Labor Law Essentials Seminar by Atty. Elvin

This is another solutions-focused seminar by one of the sought-after labor law and litigation practitioners, Atty. Elvin B. Villanueva. This will be held on 28 November 2024 at the City Garden Hotel, Makati. Learners will be trained in usually contentious areas of labor laws, the labor standards benefits and termination of employment through exposition of current rules, exceptions, and strategies to prevent labor dispute or to help resolve existing concerns in respective enterprise. Participants may expect to acquire practical knowledge and skills [...]

Transfer and Constructive Dismissal when Merges as Issues in an Illegal Dismissal Complaint

Complaint for constructive / illegal dismissal based on claim of illegal transfer usually faces the clash of two sets of different burden of proof. That is, burden on the employer side (in case of proving validity of transfer) and burden on the side of employee (to prove the fact of dismissal in a claim of constructive dismissal). A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.” Promotion, [...]

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 [...]

Execution of the Compromise Agreement does not Necessarily Bar Liability for Claims

Waivers and quitclaims executed by employees are generally frowned upon for being contrary to public policy. This is based on the recognition that employers and employees do not stand on equal footing. [Aldovino vs. Gold and Green Manpower Management and Development Services, Inc., G.R. No. 200811, June 19, 2019] In Land and Housing Development Corporation vs. Esquillo, the Supreme Court (SC) held that the reason why quitclaims are commonly frowned upon as contrary to public policy, and why they are [...]

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 [...]

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 [...]

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 complaints [...]

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 formulate [...]

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 it [...]

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