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Clearance Process
Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or documents, to be cleared…
Philippines Today, Inc. v. NLRC (1997)
See: Original Decision Philippines Today, Inc. v. Go-Belmonte, G.R. No. 112965, January 30, 1997, Per Panganiban, J.: 1. Background • May a “Memorandum for File” which did not mention the words “resign” and/or “resignation” nonetheless juridically constitute voluntary resignation? In answering this question, the Court took into account not merely the literal meaning of the…
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…
Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO (2016)
Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO, G.R. No. 214092, January 11, 2016, Reyes, J.: 1. Background • Echo is a provider of warehousing management and delivery services. • King 8 Commercial Corporation (King 8), Echo’s predecessor, initially employed Cortes on September 17, 2002, and Somido, on October 12, 2004. Echo thereafter absorbed…
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…
Regularization by the DOLE
What is DOLE regularization and why it matters? Let’s discuss.
