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Bona fide suspension of operation or undertaking
1. Concept “Bona fide suspension of operation or undertaking” – refers to the temporary suspension or cessation of business operations or undertaking for a period not exceeding six (6) months. a. Legal basis 1) Labor Code ART. 301. [286] When Employment not Deemed Terminated. The bona fide suspension of the operation of a business or…
Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries…
Cases: OFWs dismissed from work
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas Placement Agency, Inc. v. Cabiles, En Banc, G.R. No. 170139, 05 August 2014 [BACKGROUND] [the employer – local agency], Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency….
Asking for old pay slip during a job interview
Is it valid for a prospective employer to require a job applicant to disclose his/her previous salary? Let’s discuss. … Already a subscriber? Log in below. Not yet a member? Subscribe. Username or E-mail Password Remember Me Forgot Password
Cases: Management Prerogative
Labor jurisprudence on management prerogative