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.
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Multiple Employment
Due to the pandemic, many are forced to look for other sources of income. These usually come in the form of having another job. The question that usual comes to mind is: Is it allowed? Before giving you the answer, and to raise your awareness of PH labor laws, let us first discuss some key…
Sales clerks dismissed then made to sign quitclaims
Gloria and Joy were hired respectively as sales clerk and header by the employer, a shop. Sometime thereafter, they were allegedly dismissed from service for no reason and made to sign quitclaims in exchange for separation pay – Php15,000.00 to Gloria and Php4,000.000 to Joy. Thereafter, they filed for illegal dismissal. In response, the employer…
“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…
Poseidon Fishing v. NLRC, Estoquia (2006)
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…
Principles of Employment Contracts
Summary • Employment is generally a consensual contract which means it can be created by mere consent. • Principle of autonomy applies to employment contracts. • Regular employment is the default status of an employee. • Burden of proof is on the employer to prove that an employee is a non-regular. • The law determines…
Pre-Employment Requirements
1. Concept Pre-employment requirements – refer to those a prospective employer requires from a job applicant prior to being hired or engaged to work. 2. Pre-employment requirements Labor law does not prescribe any specific pre-employment requirements that employers should ask from job applicants. Thus, employers may exercise their management prerogative in choosing which to require…
