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Showing 25–48 of 153 articles for “abandonment”

Piece-Rate Workers Are Regular Employees Entitled to Security of Tenure

Philippine Supreme Court clarifies that piece-rate payment does not negate regular employment, and abandonment requires proof of intent.

Abandonment OF Treatment AND Forfeiture OF Disability Benefits FOR Seafarers AN Analysis

Illegal Dismissal vs. Abandonment: When Turning Over Files Means Termination

The Supreme Court clarifies when an employee's turnover of files signals dismissal rather than abandonment, protecting workers' security of tenure.

When a Bus Driver's Sabbatical Becomes a Retirement Claim: The Macuray Case

The Supreme Court clarifies when a driver's break from work is abandonment, sabbatical, or retirement—and what benefits are due.

Mining Rights Due Process Prevails Over Automatic Abandonment in Philippine Mining Law

Philippine Supreme Court clarifies that mining claims cannot be automatically abandoned for failure to file work obligation reports; due process must first be observed.

Abandonment vs Illegal Dismissal: Proving the Fact of Termination

In illegal dismissal cases, the employee must first prove the fact of dismissal. The Supreme Court explains the rules on abandonment.

Abandonment Requires Clear Intent Protecting Employees From Unjust Dismissal

Philippine Supreme Court clarifies that abandonment of work requires clear intent to sever employment, not mere absence from work.

Medical Abandonment in Seafarer Disability Claims: Upholding Treatment Obligations

Filing a disability claim while still under treatment can backfire. The Supreme Court explains medical abandonment in seafarer cases.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights

Philippine Supreme Court clarifies when a security guard who abandons his post may be validly dismissed versus illegally terminated.

Customs Law: Abandonment of Goods Requires Due Notice Despite Importer's Delay

Supreme Court rules that ipso facto abandonment of imported goods under the Tariff and Customs Code requires due notice, absent fraud.

When Absence Doesnt Mean Abandonment Protecting Employee Rights Against Unsubstantiated Dismissals

The Supreme Court clarifies that abandonment requires clear intent, not mere absence, and employers must prove both elements.

Illegal Dismissal and Corporate Liability: The People's Security, Inc. Case

Supreme Court clarifies illegal dismissal rules, abandonment defense, and when corporate officers may be held personally liable.

Abandonment Alone Insufficient Psychological Incapacity IN Philippine marriage LAW

Philippine Supreme Court clarifies that abandonment alone does not prove psychological incapacity under Article 36 of the Family Code.

Constructive Dismissal vs Abandonment: Security of Tenure in Philippine Labor Law

A Supreme Court ruling clarifies the line between constructive dismissal and abandonment, protecting security of tenure for security guards in the Philippines.

Abandonment vs Illegal Dismissal: Protecting Security Guards' Rights in the Philippines

Philippine Supreme Court clarifies abandonment vs illegal dismissal in labor-only contracting cases involving security guards and agency-hired workers.

Illegal Dismissal and Abandonment: What Employers Must Prove and How Separation Pay Is Computed

Learn the requisites of abandonment as a defense to illegal dismissal, and how the Supreme Court computes separation pay in lieu of reinstatement.

Reinstatement Rights Absence DUE TO Unproven Charges Does NOT Equal Abandonment

Philippine Supreme Court ruling: an employee's absence due to unproven criminal charges is not abandonment. Learn the two elements of abandonment.

Lawyer Suspended for Neglect and Unethical Advice: Pitcher v. Gagate

The Supreme Court suspended a lawyer for three years for improper advice, neglect, and abandonment of a client in estate matters.

When Is Employee Dismissal for Abandonment Justified Under Philippine Law

Philippine Supreme Court clarifies the two elements of abandonment of employment and when dismissal is legally justified.

Abandonment vs Constructive Dismissal: When an Employee Is Forced to Quit

Philippine Supreme Court explains the difference between abandonment and constructive dismissal, and when an employer's actions force an employee out.

Abandonment vs. Constructive Dismissal: Proving Intent in Philippine Labor Cases

Philippine Supreme Court clarifies the elements of abandonment of employment and why employers must prove clear intent to sever the employer-employee relationship.

Abandonment vs. Illegal Dismissal: Burden of Proof in Philippine Labor Cases

Learn how the Supreme Court distinguishes abandonment from illegal dismissal and who bears the burden of proof in termination disputes.

Illegal Dismissal and Abandonment: Proving Employee Intent in Philippine Labor Law

When does failure to report for work become abandonment? The Supreme Court clarifies the employer's burden of proof in illegal dismissal cases.

Abandonment vs Illegal Dismissal: When Absence Is Not Enough to Fire an Employee

Philippine Supreme Court ruling on when employee absence is not abandonment, and what employers must prove to justify dismissal.