1. Concept “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural due process will be upheld subject to the employer being liable for nominal damages. (See: Agabon v. NLRC, En Banc, G.R. No. 158693, 17 November 2004) Otherwise stated, so long…
1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
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…
1. Concept If employees win an illegal dismissal case, the default remedy is for them to be reinstated back to work. However, it is possible that the employees and/or the employers may ask the court that they part ways due to strained relations between them. If granted by the court, the employee is deemed separated…
A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent, who shall be the only one authorized to represent the employees for the purpose of collective bargaining. 1. Concepts “Collective bargaining agreement” – refers to the contract entered by the employer and the workers’ sole and exclusive bargaining…
Work assignments refer to the work-related tasks, duties, and responsibilities.
Working methods refer to the processes, steps, or methodology to do a particular work.
This is the case of a bank personnel who was dismissed for her failure to disclose her previous employment.
This is the case of a P.E. Director who was not renewed his 5-year employment contract with an international school.
Permanent employees refers to employees who have been given permanent appointment/employment.