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Labor Disputes
“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any…
Confidentiality or Non-Disclosure Agreements
Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to…
Resignation
1. Concept Resignation is the formal pronouncement or relinquishment of a position or office. (Central Azucarera de Bais, Inc. v. Siason, G.R. No. 215555, July 29, 2015, Per Perlas-Bernabe, J.) Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of…
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…
Prescriptive periods, interruption, penalties
“Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever. 1. Prescriptive periods “Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed…
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…
