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Philippines Today, Inc. v. NLRC (1997)
See: Original Decision Philippines Today, Inc. v. Go-Belmonte, G.R. No. 112965, January 30, 1997, Per Panganiban, J.: 1. Background • May a “Memorandum for File” which did not mention the words “resign” and/or “resignation” nonetheless juridically constitute voluntary resignation? In answering this question, the Court took into account not merely the literal meaning of the…
FAQ: Overtime 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…
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…
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…
Computation of Night Shift Differential Pay
If covered employees perform work on a night shift designated by law, they are entitled to a night shift differential pay of at least 20% their hourly rate for those in the Government service and 10% for those in the private sector. 1. Computation These are the steps on how to compute for the night…
