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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…
Illegal Dismissal
Summary • Illegal dismissal is the termination or separation from employment without just cause or authorized cause. • Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept “Illegal dismissal” – refers to a termination or separation from employment without just cause or authorized cause. a….
Carpio v. Modair Manila Co. Ltd. (2021)
Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021, Lopez, J.: 1. Background • A Certificate of Employment dated May 23, 2013 issued by Modair’s Deputy General Manager indicates that Carpio has been employed as a “contractor’s employee (per project basis),” designated as “Electrician 3,” from October 27, 1998 to April 10,…
“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…
Guide OSH Law (2018)
1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites. 2. Concept Republic Act No. 11058, a.k.a. the “OSH Law”, shall apply to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments, and all other places where work…
FAQ: Contracting via Individuals as Independent Contractors
Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What is the consequence if there…
