Tag - reinstatement

Computation of Backwages in Labor Case where Reinstatement is not Possible

It is settled that the twin reliefs that should be given to an illegally dismissed employee are full backwages and reinstatement. (Peak Ventures Corp. vs. Heirs of Villareal, 747 Phil. 320-337 (2014) citing St. Luke’s Medical Center, Inc. v. Notario, 648 Phil. 285 (2010).) Backwages restore the lost income of an employee and is computed from the time compensation was withheld up to actual reinstatement. Anent reinstatement, only when it is not viable is separation pay given. The computation of backwages [...]

Reinstatement Pending Appeal with Sample Demand for Reinstatement Salaries and Benefits

Reinstatement, if ordered in a labor case by the Labor Arbiter, is immediately executory even pending appeal. The employer has the obligation to reinstate and pay the wages of the dismissed employee during the period of appeal until reversal by the higher court. (Wenphil Corporation vs. Abing, G.R. No. 207983, April 7, 2014) Under Article 229 of the Labor Code, “the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall [...]

Backwages and Reinstatement are Two Separate Reliefs

Backwages allows the employee to recover from the employer that which he had lost by way of wages as a result of his dismissal. The twin remedies of reinstatement and payment of backwages make the dismissed employee whole who can then look forward to continued employment. Backwages and reinstatement are separate and distinct reliefs given to an illegally dismissed employee in order to alleviate the economic damage brought about by the employee’s dismissal. “Reinstatement is a restoration to a state from [...]

Reinstatement as Hazard in Employee Dismissal (Final Part)

The post below is based on the book Guide to Valid Dismissal of Employees (pp. 9-10). Next post, probably tomorrow, will be on damages such as moral, exemplary, that are usually awarded in a labor case won by the complainant. As held by the Supreme Court in one case, a final judgment is one that finally disposes of a case, leaving nothing to be done by the court in respect thereto, e.g., an adjudication on the merits which, on the [...]

Reinstatement as one of the Hazards of Employee Dismissal

This post is a continuation of the topic Hazards of Terminating Employees discussed in the book Guide to Valid Dismissal of Employees (pp.8-9) Man Being Fired from Office Job Reinstatement comes in two forms as follows: 1.) Reinstatement pending appeal; and 2.) Reinstatement after final judgment. Reinstatement pending appeal is an order upon an employer to admit the employee back to work while the appeal is pending. To illustrate, consider the following factual scenario: Employee X files a complaint for illegal dismissal heard by [...]

In Case Where there was No Dismissal and No Abandonment of Work, the Employee Should be Reinstated

If Reinstatement is not Possible, Grant Separation Pay The employer denies having dismissed the employee and the worker also denies having abandoned his work. How should this situation be resolved? This is the case of Dee Jay’s Inn and Cafe vs. Rañeses. The Court held in this case that where the employee was neither found to have been dismissed nor to have abandoned his/her work, the general course of action is for the Court to dismiss the complaint, direct the employee to [...]

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