Maraguinot, Jr. v. NLRC, G.R. No. 120969, January 22, 1998, Davide, Jr., J.: 1. Background • [The Complainant] Alejandro Maraguinot, Jr. maintains that he was employed by private respondents on 18 July 1989 as part of the filming crew… About four months later, he was designated Assistant Electrician… In June 1991, he was promoted to…
Poseidon Fishing/Terry De Jesus v. NLRC, Estoquia, G.R. No. 168052, February 20, 2006, Chico-Nazario, J.: 1. Background • [The Company] … assert[ed] that deep-sea fishing is a seasonal industry because catching of fish could only be undertaken for a limited duration or seasonal within a given year. Thus, according to [the Company], [the Complainant]was a…
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…
Dumpit-Murillo v. CA, Associated Broadcasting Company, G.R. No. 164652, June 8, 2007, Quisumbing, J.: 1. Background • On October 2, 1995, under Talent Contract No. NT95-1805, [the Company – engaged in broadcasting] hired [the Complainant] as a newscaster and co-anchor for Balitang-Balita, an early evening news program. The contract was for a period of three…
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…
Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that they were doing. Legal definition:…
1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
This is the case of a bank personnel who was dismissed for her failure to disclose her previous employment.
This is the case of a P.E. Director who was not renewed his 5-year employment contract with an international school.
1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential. a. Purpose of post-employment restrictions There are several purposes of post-employment restrictions, to wit: 1)…