Tag - Prescriptive period

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 [...]

Illegal Dismissal Case and its Prescriptive Period

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Illegal dismissal arises when the employee is dismissed without just cause or authorized cause. Just causes are those listed under Article 297 of the Labor Code, as amended. Bear in mind that the list is general in scope. Thus, one must be aware of the decisions of the Supreme Court on interpretation of each of the paragraphs in said provision. See the digest of the [...]

Prescriptive Period to Claim Service Incentive Leave (SIL) Commences from the Time of Entitlement of Demand for Commutation Upon Termination of Employment

Prescriptive period for money claims is three (3) years. To fully appreciate the rule on the reckoning of prescriptive period on SIL claims, a discussion on general rules on prescription of action in Article 291 of the Labor Code should be made. Prescription pertains to the time within which a claim has to be filed. A prescriptive period of three (3) years for example means that an action should be filed within three years. After such period, the action is [...]

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