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Confidentiality or Non-Disclosure Agreements
Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to…
Philippine Daily Inquirer, Inc. v. Magtibay (2007)
Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No. 164532, July 24, 2007, Garcia, J.: 1. Background • [The Company is engaged in the publication of news.] • [The Complainant was engaged as a regular phone operator.] • On February 7, 1995, PDI hired Magtibay, on contractual basis, to assist, for a period of five months…
Labor Disputes
“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any…
Dumpit-Murillo v. CA, Associated Broadcasting Company (2007)
Dumpit-Murillo v. CA, Associated Broadcasting Company, G.R. No. 164652, June 8, 2007, Quisumbing, J.: 1. Background • On October 2, 1995, under Talent Contract No. NT95-1805, [the Company – engaged in broadcasting] hired [the Complainant] as a newscaster and co-anchor for Balitang-Balita, an early evening news program. The contract was for a period of three…
Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)
Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo, G.R. No. 188169, November 28, 2011, Per Reyes, J.: 1. Background • Madeline Montecillo (Madeline) and Liza Trinidad (Liza), hereinafter referred to collectively as [the Complainants], were first employed as goldsmiths by [the Company] Niña Jewelry Manufacturing of Metal Arts, Inc. (Niña Jewelry) in 1996 and…
Cases: Contracting via Individuals as Independent Contractors
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his…
