May employees be prohibited from joining direct competitors? Let’s discuss.
Cases: Serious Misconduct
January 13, 2022
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May employees be prohibited from joining direct competitors? Let’s discuss.
Disclaimer: All information is for educational and general information only. These should not be taken as professional legal advice or opinion. Please consult a competent lawyer to address your specific concerns. Any statements or opinions of the author are solely his own and do not reflect that of any organization he may be connected.
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of
What is management prerogative? Management prerogative is the bundle of rights inherent to the employer who gets to decide all
Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative. What’s the
1. Summary ▪ A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the
These are the related Labor Law Cases or Jurisprudence. 1. Prescription of monetary claims a. 3 years from accrual of
These are the related Labor Law Cases or Jurisprudence. 1. Covered employees a. Covered employees 1) Rank-and-file employees Ramil v.
These are the related Labor Law Cases or Jurisprudence. 1. Suppletory application of policies on maternity leave HRET v. Panga-Vega
Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases,
1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND]
DOLE Department Order No. 208, Series of 2020 (“DO-208”): Guidelines for the Implementation of Mental Health Workplace Policies and Programs
Summary ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. 1.
Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence
1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils.,
1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc.
The 2020 pandemic resulted in the modification of the rules, procedures, and practices for Labor Cases before the Single Entry
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions.
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