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Pascual v. Sitel Philippines Corporation (2020)
See: Original Decision Pascual v. Sitel Philippines Corporation, G.R. No. 240484, March 9, 2020, Per Inting, J.: 1. Background • On October 27, 2006, Sitel hired petitioner as agent. In 2014, Sitel promoted him to the Comcast Customer Service Group (Comcast CSG) account as coach/supervisor with a monthly salary of P25,000.00. • Subsequently, Sitel served…
Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)
Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo, G.R. No. 188169, November 28, 2011, Per Reyes, J.: 1. Background • Madeline Montecillo (Madeline) and Liza Trinidad (Liza), hereinafter referred to collectively as [the Complainants], were first employed as goldsmiths by [the Company] Niña Jewelry Manufacturing of Metal Arts, Inc. (Niña Jewelry) in 1996 and…
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…
“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…
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…
Clearance Process
Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or documents, to be cleared…
