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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…
Consequences of Illegal Dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries…
Full Backwages
Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage rate at the time of dismissal. ▪ It consists of all benefits and allowances. 1. Concept An employee who is unjustly dismissed from work shall be entitled to reinstatement without…
FAQ: Contracting via Individuals as Independent Contractors
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What is the consequence if there…
Carpio v. Modair Manila Co. Ltd. (2021)
Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021, Lopez, J.: 1. Background • A Certificate of Employment dated May 23, 2013 issued by Modair’s Deputy General Manager indicates that Carpio has been employed as a “contractor’s employee (per project basis),” designated as “Electrician 3,” from October 27, 1998 to April 10,…
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept Illegal dismissal is the termination of employment or separation from employment without complying with due…
