LABORLAW.PH is the primary learning and resource site for Philippine Labor and Employment Laws.
Similar Posts
Redundancy
1. Concept (q) “Redundancy” refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) Redundancy exists when the service capability of the workforce is…
Exemplary damages
Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1. Concept Under Article 2229 of the Civil Code, “[e]xemplary or corrective damages are imposed, by way of example or correction for the…
Rivera v. Solidbank Corporation (2006)
Rivera v. Solidbank Corporation, G.R. No. 163269, April 19, 2006, Callejo, Sr., J.: 1. Background • [The employee] had been working for Solidbank Corporation since July 1, 1977.3 He was initially employed as an Audit Clerk, then as Credit Investigator, Senior Clerk, Assistant Accountant, and Assistant Manager. Prior to his retirement, he became the Manager…
Closure or Cessation of Business
1. Concept (c) “Closure or Cessation of Business” refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Closure of a business or undertaking due to business losses is the reversal of fortune of the…
DOLE Secretary
Summary ▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. ▪ The DOLE Secretary has visitorial and enforcement powers. 1. Concept The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. 2. DOLE Secretary’s Jurisdiction a. Original jurisdiction 1) Assumption of…
Retrenchment or Downsizing
1. Concept [r] “Retrenchment” refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees….
