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Cases: Analogous Causes
1. Failure to observe a continuing qualification The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee. YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008 [Background] • [The employee – an International Flight Steward – was dismissed for having failed…
FAQ: Night Shift Differential Pay
1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to…
University of Santo Tomas (UST) v. Samahang Manggagawa ng UST (2017)
University of Santo Tomas (UST) v. Samahang Manggagawa ng UST, G.R. No. 184262, April 24, 2017, Perlas-Bernabe, J.: 1. Background • [The Complainants – represented by their union – were engaged to perform various maintenance duties within its campus, i.e., as laborer, mason, tinsmith, painter, electrician, welder, carpenter.] • [The Company was a university engaged…
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…
Cases: Willful Disobedience
1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to managing human resource. As such, the employer is given a wide latitude to regulate all aspects of employment via the management prerogative – to ensure the success of the company…
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…
