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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: Special Leave for Women
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No. 9710, otherwise known as…
Cases: Holiday pay
1. Covered and excluded Clientlogic Philippines, Inc. v. Castro G.R. No. 186070, 11 April 2011 [RESOLUTION] [The employers] argue in the main that, as a team supervisor, [the employee] was a member of the managerial staff; hence, he is not entitled to overtime pay, rest day pay, holiday pay, and service incentive leave pay. x…
“Ghosting Coasting” Employees
“Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for work. These employees may be considered to have abandoned their employment. However, PH Labor Law considers them employed with their employers unless their employment is terminated. Due process is required to properly terminate their employment…
Fraud
1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to…
Cases: Night Shift Differential Pay
The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay? Lepanto Consolidated Mining Company v. Lepanto Local Staff Union G.R. No. 161713, 20 August 20098 On 28 November 1998, [the employer] and [the complainant-employee] entered into their fourth Collective Bargaining Agreement (4th…
