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.

Showing 2548 of 61 articles for illegal dismissal

Withdrawing a Resignation: When Retraction Before Acceptance Is Valid

Can an employee retract a resignation before the employer accepts it? The Supreme Court explains the rules in Vergara v. ANZ Global Services.

Teacher Misconduct and Child Abuse: When Dismissal Is Justified in the Philippines

When does teacher misconduct justify dismissal? The Supreme Court clarifies the limits of compassionate justice in child abuse cases.

Proving Illegal Dismissal: The Burden of Substantial Evidence in Philippine Labor Cases

Learn how the Supreme Court defines the employee's burden of proof in illegal dismissal cases, based on the Jarabelo ruling.

Valid Dismissal and Separation Pay: Key Lessons from a 2020 Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when dismissal for willful disobedience is valid and when separation pay may—or may not—be granted.

Reinstatement in Illegal Dismissal: The Strained Relations Doctrine Explained

Illegal dismissal entitles workers to reinstatement and backwages. The strained relations doctrine is a narrow exception—learn how courts apply it.

Finality of Monetary Awards in Labor Cases: The Tan v. Dagpin Rule

Learn how the Supreme Court's Tan v. Dagpin ruling protects final labor judgments from recomputation after full payment.

Illegal Dismissal of OFWs: Full Contract Pay Upheld by Supreme Court

The Supreme Court reaffirms that illegally dismissed OFWs are entitled to their full salaries for the unexpired portion of their contracts, striking down the three-month cap.

Executing a Labor Judgment Does Not Bar Certiorari: Due Process in Labor Disputes

Forced compliance with a writ of execution does not waive an employer's right to challenge a labor ruling via certiorari, the Supreme Court held.

Disbarment for Deceit in Settlement Talks: Fortune Medicare v. Atty. Lee

The Supreme Court disbarred Atty. Lee for dishonest settlement negotiations, reaffirming that lawyers must act with candor and integrity.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Verbal Dismissal in the Philippines: Why Oral Termination Is Illegal Without Due Process

Verbal dismissal alone cannot lawfully end employment in the Philippines. Learn the due process rules from Uy v. Centro Ceramica.

Probationary Teacher Rights in the Philippines: Non-Renewal and Security of Tenure

When can a private school validly refuse to renew a probationary teacher's contract? The Supreme Court's ruling in St. Paul College vs. Ancheta explains.

Managerial Employees and Overtime Pay in the Philippines: The Clientlogic Case

Who counts as a managerial employee exempt from overtime pay? The Supreme Court's Clientlogic ruling clarifies the test.

Piercing the Corporate Veil: When Parent Companies Face Liability for Labor Violations

Philippine Supreme Court ruling on when parent companies can be held liable for subsidiaries' labor violations, explained for employees and businesses.

Probationary Employment for Teachers: Rights, Limits, and the Manalo Ruling

Learn the rules on probationary employment for private school teachers, including tenure rights, dismissal standards, and the landmark Manalo case.

Seafarer’s Illegal Dismissal: Due Process and the Ship’s Logbook in Maritime Cases

The Supreme Court ruled a seafarer’s dismissal illegal for lack of just cause and due process, highlighting the logbook’s evidentiary value.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Boundary-Hulog Agreements and Employer-Employee Relations: What Drivers Should Know

A boundary-hulog agreement does not automatically erase the employer-employee relationship. Control over the driver remains the key test.

No-Spouse Policies in the Philippines: What the Star Paper Ruling Means

Philippine employers cannot enforce no-spouse rules without clear business necessity. The Star Paper ruling explains why.

GOCC vs. Private Corporation: Labor Jurisdiction and the Philippine National Red Cross Case

Learn how the Supreme Court's charter test determines whether an employer is a GOCC and which tribunal—CSC or NLRC—has jurisdiction over labor disputes.

Loss of Trust and Confidence as a Valid Ground for Dismissal: The Vitarich Case

Philippine law requires more than an employer's mere assertion of lost trust to justify dismissal. Learn the rules from Vitarich v. NLRC.

Employee vs. Independent Contractor: The Four-Fold Test Under Philippine Law

The Supreme Court's ruling in Corporal v. NLRC clarifies when workers are true employees, not independent contractors, under Philippine labor law.

When Can an Employer Terminate an OFW Due to Illness? The Medical Certificate Rule

Philippine law requires a medical certificate from a competent public health authority before an employer can validly terminate an OFW due to illness.