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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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.
Illegal Dismissal and Abandonment: What Employers Must Prove and How Separation Pay Is Computed
Learn the requisites of abandonment as a defense to illegal dismissal, and how the Supreme Court computes separation pay in lieu of reinstatement.
Prescription in Illegal Dismissal Cases: The Impact of Complaint Withdrawal
Filing then withdrawing an illegal dismissal complaint does not stop the prescriptive period. Learn the rule from this Supreme Court case.
Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal
The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.
Finality of Judgment in Illegal Dismissal: What "Other Benefits" Really Covers
Learn how the Supreme Court ruled on retirement pay and allowances in illegal dismissal cases, and why final judgments are immutable.
Security of Tenure: Regular Employment and Illegal Dismissal in Fixed-Term Contracts
When does a fixed-term employee become regular? The Supreme Court clarifies security of tenure, illegal dismissal, and employer burden of proof.
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.
Recomputing Monetary Awards in Illegal Dismissal Cases: Full Compensation Amidst Legal Recourse
Learn how the Supreme Court handles monetary awards in illegal dismissal cases, ensuring full compensation for employees while respecting legal remedies.
Regular Employment Defined: Security of Tenure and Length of Service in Philippine Labor Law
Philippine Supreme Court clarifies regular employment, security of tenure, and length of service in illegal dismissal cases.
Independent Contractor vs Employee: Employer Duties in Labor Disputes
Philippine Supreme Court clarifies when a contractor is legitimate, not labor-only, and who bears employer responsibilities in illegal dismissal cases.
Prescription Periods in Illegal Dismissal Cases: Clarifying the Statute of Limitations
The Supreme Court clarifies that illegal dismissal claims prescribe in four years, not three, distinguishing backwages from ordinary money claims.
OFW Illegal Dismissal: Full Salary for Unexpired Contract, Not Just 3 Months
The Supreme Court affirms that illegally dismissed OFWs are entitled to full salaries for the unexpired portion of their contracts, striking down the three-month cap as unconstitutional.
Corporate Restructuring and Security of Tenure: Illegal Dismissal in Stock Sales
A look at how corporate restructuring and stock sales affect security of tenure, and when they constitute illegal dismissal under Philippine law.
Reinstatement Rights Balancing Seniority AND Prevailing Wage Standards IN Illegal Dismissal Cases
Supreme Court clarifies that reinstatement "without loss of seniority rights" does not mean equal pay with newer, differently-situated employees.
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.
Regularization vs Illegal Dismissal: What Employees Must Prove in Philippine Labor Law
Supreme Court clarifies that being a regular employee does not automatically mean illegal dismissal occurred; the fact of dismissal must still be proven.
Backwages and Retirement: When Prior Court Decisions Can Be Reopened
A look at Ondevilla v. Colegio de San Juan de Letran on illegal dismissal, retirement age, and finality of judgments.
Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal
The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.
Prolonged Floating Status Equals Illegal Dismissal for Security Guards
Security guards on floating status beyond six months are constructively dismissed. Learn the rule and your rights from this Supreme Court case.
Burden of Proof in Illegal Dismissal: Employer's Duty vs Employee's Obligation
Who must prove what in illegal dismissal cases? A Supreme Court ruling clarifies the burden of proof for employers and employees.
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.
Constructive Dismissal: When Unpaid Wages Force an Employee to Resign
Philippine Supreme Court ruling on constructive dismissal, unpaid wages, and when resignation is actually illegal dismissal.
Fixed-Term Employment vs Regular Employment: Security of Tenure and Illegal Dismissal
When a fixed-term contract expires but the employee keeps working, regular employment and security of tenure may arise. Illegal dismissal rules apply.
Defining Corporate Officers Jurisdiction IN Illegal Dismissal Cases
The Supreme Court clarifies when a corporate officer is a regular employee entitled to security of tenure and the due process requirements in termination.