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.
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Constructive Dismissal: Balancing Management Prerogative and Employee Rights
Learn when a job transfer amounts to constructive dismissal under Philippine labor law and how courts balance employer prerogative with employee rights.
Management Prerogative vs. Illegal Dismissal: Redundancy and Employee Rights
When does a redundancy program become illegal dismissal? The Supreme Court clarifies the balance between business needs and employee security of tenure.
Backwages and Separation Pay: Reconciling Employee Rights in Illegal Dismissal Cases
The Supreme Court clarifies that illegally dismissed employees can receive both backwages and separation pay when reinstatement is no longer feasible.
Safeguarding Employee Rights: The Imperative of Due Process in Termination Cases
Philippine Supreme Court ruling on Genesis Transport clarifies preventive suspension limits, valid dismissal, and illegal wage deductions under the Labor Code.
Reassignment and RATA: When Government Employees Keep Their Allowance
The Supreme Court clarifies when a reassigned local government employee may continue receiving RATA, balancing administrative authority with employee rights.
Vacation Leave and Training Costs: Balancing Employer Discretion and Employee Rights
The Supreme Court ruled that employers may schedule vacation leave under a CBA, but cannot pass in-service training costs to security guards. Learn what this means.
Insubordination and Due Process: Understanding Employee Rights in Disciplinary Actions
The Supreme Court clarifies when a suspension order is valid, what due process requires, and when defiance justifies dismissal under Philippine law.
Retrenchment and Proof of Financial Losses: Safeguarding Employee Rights in Business Downturns
When can a company validly retrench workers? The Supreme Court clarifies the burden of proving business losses.
Drug Testing in the Workplace: Ensuring Procedural Rigor and Employee Rights
The Supreme Court ruled that employers must ensure drug tests are properly administered, or face liability for illegal dismissal.
Reinstatement vs Restructuring: Employee Rights in Corporate Changes
Philippine Supreme Court ruling on employee rights when corporate restructuring invalidates termination—reinstatement, backwages, and separation pay explained.
Misconduct vs Termination: Balancing Employee Rights and Employer Prerogatives
A seafarer's dismissal for a positive drug test is upheld, but the Court awards nominal damages for lack of due process.
Insubordination vs Humane Consideration: Balancing Employee Rights and Employer Authority in Termination Cases
Philippine Supreme Court ruling on St. Luke's Medical Center v. Fadrigo clarifies when insubordination and loss of confidence justify dismissal.
Redundancy and Management Prerogative: Safeguarding Employee Rights in Corporate Restructuring
Philippine Supreme Court clarifies redundancy termination rules, management prerogative limits, and employee rights in corporate restructuring.
Abandonment vs Illegal Dismissal: Protecting Employee Rights in the Philippines
Explain the difference between abandonment and illegal dismissal in Philippine labor law, and the employer's burden of proof.
Voluntary Retirement vs Illegal Dismissal: Employee Rights in Downsizing
When does a retirement package become a forced exit? The Supreme Court clarifies the thin line between voluntary retirement and illegal dismissal.
Abandonment vs Constructive Dismissal: Employer Duties and Employee Rights in Termination Disputes
Philippine Supreme Court clarifies the distinction between abandonment and constructive dismissal, and the burden of proof in illegal dismissal cases.
Redundancy Programs Employers Prerogative VS Employee Rights IN Termination
Due Process vs Abandonment: Balancing Employee Rights in Termination Cases
Philippine Supreme Court clarifies that valid dismissal for abandonment still requires due process; employers must pay nominal damages for notice violations.
Dismissal Due Process: Employee Rights to Notice and Hearing Before Termination
Philippine law requires two notices before dismissal, but a formal hearing is not always mandatory. Learn the rules.
Condonation vs Abandonment: Protecting Employee Rights in Termination Disputes
Understand the distinction between condonation and abandonment in Philippine labor law, and how courts protect employees' rights in termination disputes.
Breach of Trust and Termination: Balancing Employee Rights and Employer Authority
When can an employer validly dismiss a confidential employee for breach of trust? The Supreme Court explains in Bristol Myers Squibb v. Baban.
Protecting Employee Rights Limits TO Dismissal OF Probationary Teachers FOR Expressing Concerns
Due Process Prevails: Demotion Without Notice Violates Employee Rights in the Philippines
Philippine Supreme Court rules on due process in employee discipline, examining demotion without notice and seafarer abandonment cases.
Union Security vs. Employee Rights: Navigating Unfair Labor Practice Claims in the Philippines
A Supreme Court ruling clarifies when an employer's compliance with a union security clause is valid and what constitutes unfair labor practice.