No Extension of Probationary Employment
Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
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Paragele v. GMA Network, Inc., G.R. No. 235315, July 13, 2020, Leonen, J.: 1. Background • [The Company was engaged in broadcasting.] • [The Complainants were engaged as cameraman or assistant cameraman.] a. Complainants’ position • [The Complainants- who were engaged as cameraman or assistant cameraman] claimed that they were regular employees of [the Company]…
The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde Islands. Sometime thereafter, fishing operations ceased resulting in the separation of the employees who signed quitclaims in exchange for full settlement amounts, which were higher than those provided under Philippine…
1. Concept Field personnel – refers to ‘non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.’ (Paragraph 3, Article 82, P.D.442, Labor Code; See also Section 1[e], Rule II,…
1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the…
Poseidon Fishing/Terry De Jesus v. NLRC, Estoquia, G.R. No. 168052, February 20, 2006, Chico-Nazario, J.: 1. Background • [The Company] … assert[ed] that deep-sea fishing is a seasonal industry because catching of fish could only be undertaken for a limited duration or seasonal within a given year. Thus, according to [the Company], [the Complainant]was a…
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…