1. Concept Resignation is the formal pronouncement or relinquishment of a position or office. (Central Azucarera de Bais, Inc. v. Siason, G.R. No. 215555, July 29, 2015, Per Perlas-Bernabe, J.) Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of…
Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public Attorney’s Office (PAO) 1. Concept Attorney’s fees are awarded to employees who win a labor case in certain cases; however, it is not all of the time. There are two…
Summary ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not observed. ▪ It is to vindicate or recognize the violation of the employee’s rights. ▪ The amount for nominal damages is discretionary on the court. 1. Concept The law and jurisprudence allow the award of…
Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1. Concept Under Article 2229 of the Civil Code, “[e]xemplary or corrective damages are imposed, by way of example or correction for the…
Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal termination cases when the employer acted: 1) In bad faith or fraud; 2) In a manner oppressive to labor; or, 3) In a manner contrary to morals, good customs, or…
Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage rate at the time of dismissal. ▪ It consists of all benefits and allowances. 1. Concept An employee who is unjustly dismissed from work shall be entitled to reinstatement without…
Summary • Illegal dismissal is the termination or separation from employment without just cause or authorized cause. • Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept “Illegal dismissal” – refers to a termination or separation from employment without just cause or authorized cause. a….
1. Concept Reinstatement – refers to the ‘restoration to a state or condition from which one had been removed or separated. The person reinstated assumes the position he had occupied prior to his dismissal.20 Reinstatement presupposes that the previous position from which one had been removed still exists, or that there is an unfilled position…
1. Concept Authorized cause procedure – refers to the steps or process of implementing due process in relation to separation from employment. 2. Procedure a. In General The following are the steps: Step 1: Issuance of 30-day advance notice to DOLE Step 2: Issuance of 30-day advance notice to employee Step 3: Payment of Separation…
1. Concept Disease – refers to “an illness that affects a person” or “a condition that prevents the body or mind from working normally”. (Merriam-Webster Online Dictionary) a. Legal basis 1) Labor Code Art. 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to…