LABORLAW.PH is the primary learning and resource site for Philippine Labor and Employment Laws.
Similar Posts
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job or work farmed out or outsourced by a principal under a Service Agreement. ▪ They have a distinct and independent business, which enables them to perform the outsourced job or…
Cases: Moonlighting
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the…
Medical representative tricked into resigning and signing a quitclaim
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…
FAQ: Night Shift Differential 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: Sea-based Workers, Seafarers, Mariners, Ocean-going OFWs
1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19 June 2019 [BACKGROUND] On June 1, 2011, [the employee] was hired by [the local agency] Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co.,…
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the deployed personnel, and not the principal. ▪ Labor-only contracting results if the principal exercises control over the deployed personnel. ▪ Right, and not actual, control is sufficient. 1. Concept Controlling…
