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Debt Collection Industry
1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits. (Section 2[a], Rule I DOLE Department Order No. 155, Series of 2016) “Collector” – refers to a person engaged by a…
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…
Cases: Willful Disobedience
1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to managing human resource. As such, the employer is given a wide latitude to regulate all aspects of employment via the management prerogative – to ensure the success of the company…
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…
Maraguinot, Jr. v. NLRC (1998)
Maraguinot, Jr. v. NLRC, G.R. No. 120969, January 22, 1998, Davide, Jr., J.: 1. Background • [The Complainant] Alejandro Maraguinot, Jr. maintains that he was employed by private respondents on 18 July 1989 as part of the filming crew… About four months later, he was designated Assistant Electrician… In June 1991, he was promoted to…
Imasen Philippine Manufacturing Corporation v. Alcon (2014)
Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No. 194884, October 22, 2014, Brion, J.: 1. Background • [The employer] Imasen Philippine Manufacturing Corporation is a domestic corporation engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the [the employees] as manual welders in 2001. • On October 5, 2002, the [the employees] reported…
