Employers are obligated to issue a Certificate of Employment (COE) is required to be issued by an employer upon request by an employee or an ex-employee. 1. Concept A certificate of employment (COE) is a document certifying a current or former employee’s employment with an employer, including the start and end date, as well as…
Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or documents, to be cleared…
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…
1. Concept and effects of tendering a resignation letter Philippine National Construction Corporation v. NLRC, PNCC Toll Operations Employees and Workers Union (PNCC-TOEWU) G.R. No. 117240, 02 October 1997 [The employer] and [the Company Union] entered into a Collective Bargaining Agreement far a period of five (5) years from February 1, 1990 to January 30,…
The employee was a radio broadcaster and production manager hired by the employer, a radio broadcasting company, for its radio station. Years later, the employer implemented a reformatting and restructuring of the programming of the radio station. This resulted in separating the employee and his co-workers via retirement. The employee signed a quitclaim in exchange…
The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the College of Physical Therapy (which was closed due to low enrollment) to having a teaching load in the College of Nursing. The employer arrived at this management decision considering that…
The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company. Sometime thereafter, the employer announced a merger with another company and thus “the employees were advised to keep their options open and to look for other jobs.” Being a family man, the employee looked for…
The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were already paid to the employer, he was allegedly relieved from his post and never given another assignment. In exchange for paying his money claims, he was allegedly instructed to copy…
The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde Islands. Sometime thereafter, fishing operations ceased resulting in the separation of the employees who signed quitclaims in exchange for full settlement amounts, which were higher than those provided under Philippine…