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Showing 7396 of 554 articles for illegal dismissal

Voluntary Departure VS Forced Removal When Retirement Applications BAR Reinstatement Claims

When does an employee's retirement application bar a reinstatement claim? The Supreme Court clarifies the distinction between voluntary retirement and illegal dismissal.

Voluntary Resignation vs Illegal Dismissal: Protecting Employee Rights in the Philippines

Philippine Supreme Court clarifies when resignation letters and quitclaims are invalid, protecting employees from forced resignations and illegal dismissal.

Premature Illegal Dismissal Claims: The Importance of Establishing Termination

Filing an illegal dismissal case too early can backfire. Learn when a "pull out" is not yet dismissal.

Regular Seasonal Workers Payrolls and the Presumption of Regularity in Illegal Dismissal Cases

Supreme Court clarifies how payrolls are weighed in backwages disputes involving regular seasonal workers, and when presumption of regularity may be overcome.

Overseas Workers' Money Claims: Labor Arbiter Jurisdiction and Agency Solidary Liability

Philippine Supreme Court clarifies Labor Arbiter jurisdiction over overseas workers' illegal dismissal claims and recruitment agencies' solidary liability.

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.

Quitclaims and Illegal Dismissal: Understanding Employee Rights and Waivers in the Philippines

When is a quitclaim valid? The Supreme Court explains the rules on waivers and illegal dismissal in Vergara v. CDM Security Agency.

Lingnam Restaurant Case: Labor-Only Contracting Makes Principal the Employer

Supreme Court clarifies when a manpower agency is a labor-only contractor, making the client the true employer liable for illegal dismissal.

Pregnancy Out of Wedlock: Protecting Teachers From Illegal Dismissal

The Supreme Court rules that pregnancy out of wedlock is not a just cause for dismissing a teacher, protecting women from discriminatory termination.

Compulsory Retirement Requires Employee Consent: Manila Hotel v. De Leon

A hotel's compulsory retirement of a 57-year-old manager without her consent was illegal dismissal. Learn the rules on early retirement.

Cooperative Officer Dismissal Jurisdiction Lies With Regional Trial Courts NOT Labor Tribunals

Supreme Court clarifies that illegal dismissal cases filed by cooperative officers like general managers are intra-cooperative disputes under RTC jurisdiction.

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.

Finality of Judgment vs Supervening Events: Computing Backwages and Separation Pay in Illegal Dismissal Cases

Learn how Philippine courts compute backwages and separation pay when reinstatement becomes impossible due to supervening events after judgment finality.

Voluntary Resignation vs Illegal Dismissal: Proving the Fact of Termination

Philippine Supreme Court clarifies that employees must first prove the fact of termination before employers bear the burden of showing just cause.

Voluntary Resignation vs Illegal Dismissal: Who Bears the Burden of Proof?

In illegal dismissal cases, the employee must first prove termination by the employer before the burden shifts to the employer.

Corporate Officer Status and Jurisdiction in Illegal Dismissal Cases: North Star v. Balagtas

When is a dismissed executive a corporate officer whose case belongs to regular courts, not the Labor Arbiter? The Supreme Court clarifies.

Finality of Labor Decisions: When a Seafarer's Dismissal Case Cannot Be Reopened

A seafarer's illegal dismissal case was reinstated because the employer failed to timely appeal. Learn why final judgments stick.

Employer Liability in Labor-Only Contracting: Allied Banking Corp. v. Calumpang

When a bank's janitorial contractor is a labor-only contractor, the bank becomes the true employer—liable for illegal dismissal claims.

Unregistered Business High Court Affirms Illegal Dismissal For Sham Redundancy Scheme

Supreme Court rules a company's unregistered Philippine office cannot use a sham redundancy scheme to illegally dismiss an employee.

Equipoise Rule in Illegal Dismissal Cases: When Doubt Favors the Employee

The Supreme Court clarifies the equipoise rule in illegal dismissal cases, holding that when evidence is balanced, doubt must favor the employee.

Protecting Labor Rights: Resolving Doubt in Illegal Dismissal Cases

When evidence is equally balanced in illegal dismissal cases, Philippine courts resolve doubt in favor of the employee. Learn the rules.

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.

Burden OF Proof IN Illegal Dismissal Establishing THE Fact OF Dismissal

No Illegal Dismissal Without Proof Employee Must First Establish Dismissal Before Employers Burden Arises

Philippine Supreme Court ruling on who bears the burden of proving dismissal in illegal dismissal cases.