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Non-Compete Agreements
Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is a contractual stipulation whereby one party is prohibited from competing against the other contracting party in a similar activity for a certain period. A non-compete clause is valid as a…
Cases: Installation of Labor-Saving Devices
1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
Ascent Skills Human Resources Services, Inc. v. Manuel (2021)
See: Original Decision Ascent Skills Human Resources Services, Inc. v. Manuel, G.R. No. 249843, October 6, 2021, Per Zalameda, J.: 1. Background • On 13 April 2017, petitioner Ascent Skills Human Resources Services, Inc. (Ascent) deployed respondent Alma Tacda Manuel (respondent) to the Kingdom of Saudi Arabia (KSA) to work as a domestic helper for…
Universal Robina Sugar Milling v. Acibo (2019)
Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2019, Brion, J.: 1. Background • The [Company] maintain[s] that [the Complainants] are contractual or project/seasonal workers and not regular employees of [the Company]. They thus argue that the [Court of Appeals] erred in applying the legal parameters and guidelines for regular 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…
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…
