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Cases: Night Shift Differential Pay
The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay? Lepanto Consolidated Mining Company v. Lepanto Local Staff Union G.R. No. 161713, 20 August 20098 On 28 November 1998, [the employer] and [the complainant-employee] entered into their fourth Collective Bargaining Agreement (4th…
Cases: Serious Misconduct
1. Sexual Harassment Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008) In one case, the Supreme Court expressed in strong terms that sexual…
Procedural Due Process
Summary ▪ Procedural due process is divided into just cause procedure or authorized cause procedure. ▪ Just cause procedure refers to the process for termination of employment due to just causes. ▪ Authorized cause procedure refers to the process for separation of employment due to authorized causes. ▪ If there is no procedural due process,…
Carpio v. Modair Manila Co. Ltd. (2021)
Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021, Lopez, J.: 1. Background • A Certificate of Employment dated May 23, 2013 issued by Modair’s Deputy General Manager indicates that Carpio has been employed as a “contractor’s employee (per project basis),” designated as “Electrician 3,” from October 27, 1998 to April 10,…
Medical representative tricked into resigning and signing a quitclaim
The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company. Sometime thereafter, the employer announced a merger with another company and thus “the employees were advised to keep their options open and to look for other jobs.” Being a family man, the employee looked for…
Cases: Management Prerogative
Labor jurisprudence on management prerogative
