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Showing 25–48 of 111 articles for “labor code”

Fixed-Term Employment vs Regular Employment: Security of Tenure Under the Labor Code

Explaining Oyster Plaza Hotel v. Melivo on when fixed-term and probationary workers become regular employees entitled to security of tenure.

Valid Notice in Corporate Meetings: Mailing vs Receipt in the Philippines

Learn when termination notices are valid in the Philippines—mailing vs receipt, and the 30-day rule under the Labor Code.

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.

Labor-Only Contracting and Illegal Dismissal: Solidary Liability of Principal and Contractor

Philippine Supreme Court ruling on labor-only contracting, control test, and solidary liability for illegal dismissal under the Labor Code.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Loss of Trust and Due Process: Philippine Standards for Employee Dismissal

Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Perfecting Appeals: The Strict Requirements for Employers in Labor Disputes

Employers must strictly comply with appeal bond and deadline rules under Article 223 of the Labor Code or risk losing their appeal entirely.

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Contracts

Philippine Supreme Court clarifies when a seafarer's partial disability becomes total and permanent under the POEA-SEC and Labor Code.

When Apology and Self-Incrimination Collide: Defining Willful Disobedience in Labor Disputes

The Supreme Court clarifies when an employee's refusal to apologize is not willful disobedience justifying dismissal under the Labor Code.

When Workplace Misconduct Justifies Dismissal: The Imasen Ruling on Serious Misconduct

The Supreme Court clarifies when sexual acts inside company premises constitute serious misconduct justifying dismissal under the Labor Code.

Breach of Trust as Just Cause for Termination: Protecting Employer Confidence

When an employee's dishonesty erodes the employer's trust, dismissal may be justified under Article 282 of the Labor Code.

Grade Tampering as Serious Misconduct: Lessons from the Letran Teacher Dismissal Case

When a teacher altered student grades, the Supreme Court ruled it was serious misconduct justifying dismissal under the Labor Code.

Non-Diminution of Benefits: When Employer Practices Become Enforceable Rights

Philippine Supreme Court ruling on non-diminution of benefits—when employer practices ripen into enforceable rights under the Labor Code.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Retirement vs. Separation Pay: The Age Rule in Philippine Labor Law

Philippine Supreme Court clarifies when an employee can claim retirement benefits and when separation pay applies under the Labor Code.

Retirement Benefits CBA vs Labor Code: Pilot Entitlements Under Philippine Law

Philippine Supreme Court clarifies when CBA retirement benefits prevail over Labor Code Article 287, using a PAL pilot's case as guide.

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

Employer's Duty of Care: When Is a Philippine Company Liable for an Employee's Illness?

Philippine Supreme Court clarifies employer liability for employee illness under Article 161 of the Labor Code in Ocean Builders v. Cubacub.

When Refusing a Boss's Order Is Not Willful Disobedience: Lores Realty v. Pacia

Supreme Court clarifies what constitutes willful disobedience under Article 282 of the Labor Code and when an employee's refusal is justified.

Indirect Employers' Solidary Liability: Protecting Workers' Monetary Claims Under the Labor Code

Explaining the Supreme Court ruling on indirect employers' solidary liability for workers' wages, 13th month pay, and other monetary benefits.

Can a Bank Lower the Retirement Age? Lessons from Obusan v. PNB

The Supreme Court explains when a company retirement plan can set a lower compulsory retirement age than the Labor Code's 65-year default.