From the library

Legal Insights

Plain-language guides and case briefs on Philippine law — researched from the firm's law library of 184,000+ statutes, Supreme Court decisions, and agency issuances, and written so non-lawyers can understand and act on them.

Have your own question? Ask ASG Legal AI now.

Get a cited, plain-language answer from 184,000+ statutes and decisions — free, no sign-up.

Ask a question

Showing 2548 of 172 articles for constructive dismissal

Understanding Constructive Dismissal When Preventive Suspension Becomes Unlawful Termination

The Supreme Court clarifies when a reduced work assignment is valid management prerogative and when a subsequent dismissal becomes illegal.

Constructive Dismissal for Sexual Harassment: Employer Liability Under Philippine Law

When an employer's inaction on a sexual harassment complaint forces an employee to resign, it may be constructive dismissal. Learn the rules.

When Quitclaims Don't Count: Protecting OFWs From Forced Resignations

Supreme Court rules quitclaims signed under duress don't bar OFW claims, affirming constructive dismissal in Al-Masiya case.

When a Transfer Is Not Constructive Dismissal: Management Prerogative in Labor Cases

The Supreme Court clarifies when an employee transfer is a valid exercise of management prerogative and not constructive dismissal.

Constructive Dismissal and Management Prerogative: When a Transfer Is Not Illegal Dismissal

The Supreme Court clarifies when an employee transfer amounts to constructive dismissal, balancing management prerogative against tenurial security.

Resignation vs Constructive Dismissal: What Employees Must Prove in Philippine Labor Law

The Supreme Court clarifies when a resignation is voluntary and when it amounts to constructive dismissal, and who bears the burden of proof.

Constructive Dismissal Employees Burden TO Prove Involuntary Resignation

Constructive Dismissal: When a Demotion and Diminished Responsibilities Amount to Illegal Dismissal

When a reorganization demotes an employee in rank, duties, and salary, it can amount to constructive dismissal. Learn from a Supreme Court ruling.

Employer Liability and Proving Negligence in Employee Conduct: The Ondevilla Case

The Supreme Court clarifies employer liability rules, constructive dismissal, and retirement age in Ondevilla v. Colegio de San Juan de Letran.

Constructive Dismissal When Workplace Hostility Forces Resignation

Redundancy and Constructive Dismissal: Employee Rights in Corporate Restructuring

Understand redundancy pay, constructive dismissal, and employee rights when Philippine companies restructure or downsize.

Voluntary Retirement vs Illegal Dismissal: When Floating Status Becomes Constructive Dismissal

Philippine Supreme Court clarifies the six-month floating status rule and when it ripens into constructive dismissal under Article 301 of the Labor Code.

Constructive Dismissal: When a "Voluntary" Resignation Is Not Voluntary at All

The Supreme Court clarifies when a signed resignation letter is actually constructive dismissal, protecting employees from forced resignations disguised as voluntary acts.

Constructive Dismissal: When Hostile Management Conduct Forces an Employee to Quit

Philippine Supreme Court clarifies constructive dismissal standards in Diwa Asia Publishing v. De Leon, detailing when unbearable work conditions constitute illegal termination.

Retirement Benefits Determine Employee Status in Constructive Dismissal Cases

A bus driver who stopped reporting for work was not constructively dismissed but still entitled to retirement pay.

Constructive Dismissal Employers Burden TO Prove Fair Treatment AND Contractual Obligations

Learn the requisites for preliminary injunction in the Philippines and why disputed rights and compensable damages defeat the remedy.

Prolonged Floating Status of Security Guards Is Constructive Dismissal

Security guards placed on floating status beyond six months are constructively dismissed. Learn the rule from Padilla v. Airborne Security.

Security of Tenure: Prolonged Floating Status Is Constructive Dismissal

When a security guard's floating status exceeds six months, it becomes constructive dismissal. The Supreme Court explains the rule.

Probationary Faculty Rights: Constructive Dismissal and Fixed-Term Contracts in Philippine Education

The Supreme Court clarifies probationary faculty rights, constructive dismissal, and fixed-term contracts in Philippine private higher education institutions.

When an Employer Fails to Provide Work: Constructive Dismissal in the Philippines

The Supreme Court explains when an employer's failure to give work assignments amounts to illegal constructive dismissal, and what workers must prove.

Burden of Proof in Illegal Dismissal: Employer's Duty vs. Security Guard's Claim

Who bears the burden of proof in illegal dismissal cases? The Supreme Court clarifies the rules on voluntary resignation vs. constructive dismissal.

Constructive Dismissal Claim Fails Without Proof of Overt Dismissal Act

Supreme Court clarifies that employees alleging constructive dismissal must prove actual dismissal, not just claim it.

Constructive Dismissal: Proving Unbearable Working Conditions in Philippine Labor Law

When do employer actions become constructive dismissal? The Supreme Court clarifies the test in Borja v. Miñoza.

Security of Tenure, Constructive Dismissal, and the Floating Status of Security Guards in the Philippines

When does a security guard's floating status become constructive dismissal? The Supreme Court clarifies the six-month rule.