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Tag - termination

29 Nov

Termination of Employment IRR of the Labor Code

Termination of employment provisions under Article 297 [formerly 282] of the Labor Code, as amended provide the grounds for valid dismissal. The DOLE issued the new IRR for this the highlights of which are discussed by Atty. Villanueva in The Labor Code 2018 Edition (pp. 281-285) as follows: The Department of Labor and Employment issued D.O. 147-15, Series of 2015 amending the Rules and Regulations of Book VI of the Labor Code. One of the salient points of D.O. 147-15 is the [...]

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22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

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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 control [...]

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