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 112 articles for philippine labor law

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.

Backwages After a Return-to-Work Order: Lessons from ALECO v. ALEO

A Supreme Court ruling clarifies when backwages are due after the Labor Secretary assumes jurisdiction over a strike and issues a return-to-work order.

Understanding Constructive Dismissal: Protecting Your Rights as an Employee

Learn what constructive dismissal means in Philippine labor law, how "floating status" affects security guards, and your rights as an employee.

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.

Voluntary Resignation vs. Constructive Dismissal: Insights from Philippine Labor Law

The Supreme Court clarifies the distinction between voluntary resignation and constructive dismissal in Pascual v. Sitel Philippines Corporation.

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.

Due Process in Termination: Ensuring Fair Dismissal Under Philippine Labor Law

Learn the rules for valid dismissal in the Philippines—substantive and procedural due process, and what happens when employers fail to comply.

Regular vs Project Employment: What the Supreme Court Requires of Employers

A 2019 Supreme Court ruling clarifies when construction workers are regular employees, not project employees, and what employers must prove.

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.

Project vs Regular Employment: Security of Tenure and Employee Rights in the Philippines

Philippine Supreme Court clarifies the distinction between project and regular employment, and the security of tenure rights of employees.

Loss of Trust and Confidence as Just Cause: Balancing Employer Rights and Due Process in Termination Cases

The Supreme Court clarifies when loss of trust and confidence justifies dismissal, and when employers still owe employees procedural due process.

When Probationary Employment Becomes Regular: The Umali v. Hobbywing Rule

Explore when a probationary employee becomes regular by operation of law, based on the Supreme Court's ruling in Umali v. Hobbywing Solutions.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

Unauthorized Absences and Dismissal: The Medical Certificate Requirement in Philippine Labor Law

The Supreme Court upheld a dismissal for unauthorized absences, ruling that a vague medical certificate cannot excuse habitual absenteeism.

Project Employees Remain Non-Regular Despite Repeated Rehiring: Herma Shipyard Case

Supreme Court clarifies that project employees performing necessary tasks and repeatedly rehired do not automatically become regular employees.

Illegal Slowdowns and Union Officer Dismissal: The Polyson Case

The Supreme Court clarifies when a work slowdown becomes an illegal strike and justifies dismissal of union officers under Philippine labor law.

Beyond the Road: Field Personnel Status and Overtime Rights for Bus Employees in the Philippines

Supreme Court ruling clarifies that bus drivers and conductors are not field personnel, entitling them to overtime and service incentive leave pay.

Union Security Clauses and Due Process: Yumang v. RPN 9

When can an employer terminate an employee expelled by a union? The Supreme Court clarifies the due process required under union security clauses.

Reinstatement Orders of Voluntary Arbitrators Are Immediately Executory—Even Pending Appeal

The Supreme Court confirms that reinstatement orders by Voluntary Arbitrators are immediately executory, even pending appeal, protecting workers' security of tenure.

Termination Disputes and Choice of Law: Protecting Philippine Labor Rights in Cross-Border Employment

Philippine labor tribunals can hear termination disputes involving foreign employers; Philippine law applies when the worker's duties are performed here.

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.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Reinstatement vs Return to Work: Clarifying Employment Rights After a Transfer

A Supreme Court ruling clarifies that reinstatement only applies to illegal dismissal, while a valid transfer requires a return to work order.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.