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Discipline and Dismissal of Employees
Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense. 2. Concept “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods,…
Cases: OFWs Dismissed from Work
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas Placement Agency, Inc. v. Cabiles, En Banc, G.R. No. 170139, 05 August 2014 [BACKGROUND] [the employer – local agency], Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency….
Transfer of Employees
1. Summary ⦁ Transferring of employees is a management prerogative. ⦁ There are jurisprudential guidelines for a valid transfer. ⦁ Non-compliance with requirements for a valid transfer may result in constructive dismissal. 2. Concepts “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all…
Security guard signs a pro-forma resignation letter with quitclaim
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…
Rivera v. Solidbank Corporation (2006)
Rivera v. Solidbank Corporation, G.R. No. 163269, April 19, 2006, Callejo, Sr., J.: 1. Background • [The employee] had been working for Solidbank Corporation since July 1, 1977.3 He was initially employed as an Audit Clerk, then as Credit Investigator, Senior Clerk, Assistant Accountant, and Assistant Manager. Prior to his retirement, he became the Manager…
Split Work Shifts
With the ongoing pandemic, many establishments have resorted to irregular operating hours which in turn created split work shifts for certain employees. For those who have been affected, many of them ask the validity of work shifts under Philippine Labor Law. What is a split work shift? Split work shifts (commonly called “split shifts”) refer…
