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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…
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…
Split Work Shifts
With the ongoing pandemic, many establishments have resorted to irregular operating hours which in turn created split work shifts for certain employees. For those who have been affected, many of them ask the validity of work shifts under Philippine Labor Law. What is a split work shift? Split work shifts (commonly called “split shifts”) refer…
“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…
Cases: Moonlighting
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the…
Five J Taxi v. NLRC (1994)
Five J Taxi v. NLRC, G.R. No. 111474, August 22, 1994, Regalado, J.: 1. Background • [The Complainants] Domingo Maldigan and Gilberto Sabsalon were hired by [the Company] as taxi drivers 2 and, as such, they worked for 4 days weekly on a 24-hour shifting schedule. Aside from the daily “boundary” of P700.00 for air-conditioned…
