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Cases: Serious Misconduct
1. Sexual Harassment Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008) In one case, the Supreme Court expressed in strong terms that sexual…
Yrasuegi v. Philippine Airlines, Inc. (2008)
Yrasuegi v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008, Reyes, R.T., J. 1. Background • THIS case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company. • [The employee] [A.G.] Yrasuegui was a former international flight…
Wages, Salaries, Remuneration
1. Legal basis ART. 97. Definitions. – (f) “Wage” paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to…
FAQ: Contracting via Individuals as Independent Contractors
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What is the consequence if there…
FAQ: Overtime Pay
1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to…
Cases: Contracting via Individuals as Independent Contractors
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his…
