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Establishment Termination Report
Summary The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure. Applicable laws, regulations DOLE Labor Advisory No. 17-A, Series of 2020 (DOLE LA 17-A-20) Compliance Report The DOLE RKS Form 5, Series of 2020, otherwise known as the Establishment Termination Report, “shall…
Cases: Fraud
1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. Nonetheless, the…
Imasen Philippine Manufacturing Corporation v. Alcon (2014)
Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No. 194884, October 22, 2014, Brion, J.: 1. Background • [The employer] Imasen Philippine Manufacturing Corporation is a domestic corporation engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the [the employees] as manual welders in 2001. • On October 5, 2002, the [the employees] reported…
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…
Philippine Daily Inquirer, Inc. v. Magtibay (2007)
Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No. 164532, July 24, 2007, Garcia, J.: 1. Background • [The Company is engaged in the publication of news.] • [The Complainant was engaged as a regular phone operator.] • On February 7, 1995, PDI hired Magtibay, on contractual basis, to assist, for a period of five months…
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…
