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Showing 121–144 of 341 articles for “philippine labor”

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.

Breach of Trust Justifies Dismissal Safeguarding Employer Confidence in Managerial Roles

Learn when loss of trust and confidence justifies dismissing managerial employees under Philippine labor law, based on a Supreme Court ruling.

Court Personnel Misconduct: When Dishonesty Justifies Dismissal and Loss of Trust

Explore when an employee's dishonest acts constitute serious misconduct and loss of trust, justifying valid dismissal under Philippine labor law.

Loss of Confidence in Philippine Labor Law: When Employers Must Prove Just Cause

Philippine Supreme Court clarifies when employers may dismiss for loss of confidence and what due process requires in termination cases.

Challenging Voluntary Arbitration Awards: The Right Remedy for Labor Disputes

Learn the correct legal remedy for appealing voluntary arbitration awards in Philippine labor disputes, from the Supreme Court ruling in Samahan ng mga Manggagawa sa Hyatt.

Upholding Contingent Attorneys Fees When ARE They Enforceable

When are contingent attorney's fees enforceable in Philippine labor cases? The Supreme Court clarifies the rules in Masmud v. NLRC.

Defining Regular Employment: The Case of Dealco Farms and the Comboys

The Supreme Court clarifies the test for regular employment under Philippine labor law, emphasizing the employer's business nature and the employee's role.

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.

Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law

SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.

Resignation vs Termination: When a Resignation Letter Is Not Enough in Philippine Labor Law

Philippine Supreme Court clarifies when a resignation is not voluntary and how employers must prove it to defeat illegal dismissal claims.

Independent Contractor or Employee: The Four-Fold Test in Philippine Labor Law

When is an insurance agent an employee, not an independent contractor? The Supreme Court explains the four-fold test and the crucial "control test" in Tongko v. Manulife.

Security of Tenure Prevails: Fixed-Term Contracts Must Not Circumvent Workers’ Rights

The Supreme Court rules that fixed-term contracts cannot be used to circumvent an employee's security of tenure under Philippine labor law.

The Perils of Untimely Appeals: Adherence to Procedural Rules in Philippine Courts

Explore how strict procedural rules shape Philippine labor cases, from appeal deadlines to due process in dismissals.

Employee Theft and Just Cause for Termination Under Philippine Labor Law

The Supreme Court rules on when employee theft against a co-worker justifies dismissal as a cause analogous to serious misconduct.

Breach of Trust and Qualified Theft: When Employee Misconduct Justifies Dismissal

The Supreme Court clarifies when an employee's theft against a co-worker constitutes a valid cause for termination under Philippine labor law.

Wage Order Enforcement: Prescription Rules for Money Claims vs Final Judgments

Learn the difference between the 3-year prescription for money claims and the 5-year period to enforce final judgments in Philippine labor law.

Finality of Judgments: Understanding Motions for Reconsideration in Philippine Labor Law

The Supreme Court clarifies when a second motion for reconsideration may be allowed, emphasizing finality of judgments and notice to counsel rules.

Closure vs. Retrenchment: Proving Losses in Philippine Labor Disputes

Philippine Supreme Court ruling on when a business closure is treated as retrenchment, requiring proof of substantial losses.

Independent Contractor vs Employee: The Four-Fold Test in Philippine Labor Disputes

Philippine Supreme Court clarifies the four-fold test distinguishing independent contractors from employers in labor disputes involving job contracting arrangements.

Res Judicata in Philippine Labor Disputes: When Prior Rulings Bar Relitigation

Explaining res judicata in labor cases through Garcia v. PAL, where a final ruling on employer-employee relationship barred a later illegal dismissal claim.

Loss of Confidence as a Just Cause for Dismissal: When Can Employers Terminate Trusted Employees?

The Supreme Court clarifies when employers may validly dismiss managerial employees for loss of trust and confidence under Philippine labor law.

San Miguel Corp. v. NLRC: When Dismissal for Unauthorized Absences Is Justified

Explore when unauthorized absences justify dismissal under Philippine labor law, as clarified in San Miguel Corp. v. NLRC (2008).

Motion for Reconsideration: The Indispensable Step Before Certiorari in Labor Cases

Learn why exhausting remedies like a motion for reconsideration is vital before filing a certiorari petition in Philippine labor disputes.

Breach of Trust in Employment: When a Demand Letter Leads to Dismissal

A managerial employee's demand letter against her employer can justify dismissal for breach of trust under Philippine labor law.