1. Concept

“Reinstatement” – means restoration to a state or condition from which one had been removed or separated. (Asian Terminals, Inc. v. Villanueva, G.R. No. 143219, 28 November 2006)

The person reinstated assumes the position he had occupied prior to his dismissal. Reinstatement presupposes that the previous position from which one had been removed still exists, or that there is an unfilled position which is substantially equivalent or of similar nature as the one previously occupied by the employee. (Ibid.)

Reinstatement restores the employee who was unjustly dismissed to the position from which he was removed, that is, to his status quo ante dismissal.  (Rodriguez v. Sintron Systems, Inc., G.R. No. 240254, 24 July 2019)

a. Legal basis

Art. 294. [279] Security of Tenure. – … An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges… (P.D. 442, Labor Code)

b. Immediately executory

When a labor arbiter orders reinstatement in the decision, it is immediately executory.

Art. 229. [223] Appeal. – …x x x… the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinsta...


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