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Universal Robina Sugar Milling v. Acibo (2019)
Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2019, Brion, J.: 1. Background • The [Company] maintain[s] that [the Complainants] are contractual or project/seasonal workers and not regular employees of [the Company]. They thus argue that the [Court of Appeals] erred in applying the legal parameters and guidelines for regular employment…
Email as Employment Contract
Employment contracts are consensual in nature. If all of the three essential requisites to a contract are present in an email, then an employment contract may be be formed. 1. Employment contracts are consensual under PH Labor Law Unknown to many, PH Labor Law classifies employment contracts as consensual, as opposed to formal or written…
Five J Taxi v. NLRC (1994)
Five J Taxi v. NLRC, G.R. No. 111474, August 22, 1994, Regalado, J.: 1. Background • [The Complainants] Domingo Maldigan and Gilberto Sabsalon were hired by [the Company] as taxi drivers 2 and, as such, they worked for 4 days weekly on a 24-hour shifting schedule. Aside from the daily “boundary” of P700.00 for air-conditioned…
Mental Health Workplace Policy
1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a Drug-Free Workplace Polices and Programs for the Private Sector (the “Guidelines”) DOLE Department Order No. 208, Series of 2020 (“DO-208”)provides for the Guidelines for the Implementation of Mental Health Workplace…
Sales clerks dismissed then made to sign quitclaims
Gloria and Joy were hired respectively as sales clerk and header by the employer, a shop. Sometime thereafter, they were allegedly dismissed from service for no reason and made to sign quitclaims in exchange for separation pay – Php15,000.00 to Gloria and Php4,000.000 to Joy. Thereafter, they filed for illegal dismissal. In response, the employer…
Cases: Fraud
1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. Nonetheless, the…
