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Tag - separation pay

11 Oct

Separation Pay – Instances when it should be Awarded

Separation pay warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 298 and 299 of the Labor Code, as well as in cases of illegal dismissal where reinstatement is no longer feasible. Grab a re-numbered copy of the Labor Code with Comments and Notes by Atty. Villanueva On the other hand, an employee dismissed for any of the just causes enumerated under Article 297 of the same Code, being causes attributable to [...]

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01 Sep

WILLFUL BREACH OF TRUST AS GROUND FOR DISMISSAL OF MANAGERIAL EMPLOYEE REQUIRES ONLY MERE EXISTENCE OF THE BASIS FOR BELIEVING THAT THE EMPLOYEE HAS BREACHED THE TRUST OF EMPLOYER

Willful breach of trust requires only mere existence of a basis for believing that the employee has breached the trust and confidence of the employer” for managerial employees to be dismissed. Yolando T. Bravo vs. Urios College (Now Father Saturnino Urios University) and/or Fr. John Christian U. Young G.R. No. 198066, June 7, 2017 Facts: Yolando Bravo was employed as a part-time teacher in 1988 by Urios College. In addition to his duties as a part-time teacher, Bravo was designated as the school’s [...]

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17 May

DO ALL FORMS OF TERMINATION REQUIRE GRANT OF SEPARATION PAY?

An employer-employee relationship, just like most romantic relationships, has to end. At least employees in certain instances get money called separation pay. I still have to hear separating couples give separation pay to the other for calling it quits in their love affair. It is better to understand the cases where separation pay applies. Because not all forms of termination of relationship give rise to payment of this nature. There are two major ways to end the employment relationship. One, the employee [...]

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