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 124 of 29 articles for article 28

Retirement Benefits: Labor Code Prevails Over Inferior Company Plans

Philippine Supreme Court rules company retirement plans cannot provide benefits lower than the Labor Code's minimum under Article 287.

Retirement Pay Law Prevails Over Company Manual in Optional Retirement Case

Supreme Court rules company retirement plans cannot provide benefits lower than the Labor Code's minimum under Article 287.

Willful Disobedience as Just Cause for Dismissal: A Cooperative Cashier's Case

Explore when an employee's repeated defiance of board resolutions justifies dismissal under Article 282 of the Labor Code.

Breach of Trust as Just Cause for Dismissal in Philippine Banking

Philippine Supreme Court ruling on when a bank branch head's breach of trust justifies dismissal under Article 282 of the Labor Code.

Retirement Benefits for Seasonal Workers: Entitlement and Computation Under Philippine Law

The Supreme Court clarifies how seasonal workers' retirement pay is computed under Article 287 and RA 7641, including the six-month rule.

Breach of Trust as Just Cause for Termination: Protecting Employer Confidence

When an employee's dishonesty erodes the employer's trust, dismissal may be justified under Article 282 of the Labor Code.

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Retirement Benefits CBA vs Labor Code: Pilot Entitlements Under Philippine Law

Philippine Supreme Court clarifies when CBA retirement benefits prevail over Labor Code Article 287, using a PAL pilot's case as guide.

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

When Refusing a Boss's Order Is Not Willful Disobedience: Lores Realty v. Pacia

Supreme Court clarifies what constitutes willful disobedience under Article 282 of the Labor Code and when an employee's refusal is justified.

Retirement Age Flexibility: Employer Rights and Employee Expectations in Philippine Labor Law

Philippine Supreme Court ruling on PNB's compulsory retirement at 60, explaining employer rights and employee expectations under Article 287.

When Supervisors Lose Trust: Dismissal for Misconduct Under Article 282

Philippine Supreme Court clarifies when a supervisor's unauthorized disposal of company property justifies dismissal for serious misconduct and loss of trust.

Retrenchment Proving Business Losses To Justify Employee Termination Under Philippine Law

Philippine Supreme Court clarifies the stringent standards employers must meet to validly retrench employees under Article 283 of the Labor Code.

Regular Employment by Operation of Law: The PLDT v. Arceo Case

When does a casual employee become regular? The Supreme Court explains the rules on regular employment under Article 280 of the Labor Code.

Regular vs Casual Employment in the Philippines: Key Protections for Long-Term Workers

The Supreme Court clarifies when a worker becomes regular under Article 280, protecting long-term employees from dismissal without just cause.

When Supervisors Abuse Authority: Labor Code Grounds for Valid Dismissal

A supervisor who made subordinates work at his house and lent money at high interest was validly dismissed for breach of trust under Article 282 of the Labor Code.

Defiance and Dismissal: Upholding Employers' Right to Terminate for Insubordination and Loss of Trust

Supreme Court affirms dismissal of sales supervisor for willful disobedience and loss of trust, clarifying employer rights under Article 282.

Breach of Trust as Just Cause for Employee Dismissal in the Philippines

Philippine Supreme Court explains when loss of trust and confidence justifies employee dismissal under Article 282 of the Labor Code.

Business Losses vs Labor Rights: Separation Pay Eligibility in Company Closures

Philippine Supreme Court clarifies when serious business losses exempt employers from paying separation pay under Article 283 of the Labor Code.

Regular Employment Status: Necessity of Work and Security of Tenure in Philippine Labor Law

Philippine Supreme Court clarifies when workers become regular employees based on necessity of work and security of tenure under Article 280.

Seafarers' Employment Status: Contractual, Not Regular, Under Philippine Law

Philippine Supreme Court clarifies that seafarers are contractual employees, not regular employees under Article 280 of the Labor Code.

Seafarers Are Contractual Employees: The Millares Ruling on Fixed-Term Overseas Work

The Supreme Court clarifies that Filipino seafarers are contractual, not regular, employees under Philippine law, and explains the limits of Article 280.

Regular vs Project Employee: Continuous Rehiring and Security of Tenure Under Philippine Labor Law

Philippine Supreme Court ruling on when project employees become regular employees through continuous rehiring, securing tenure under Article 280.

Regular Employment and the Prolonged Service Doctrine in Philippine Labor Law

Learn how prolonged service of 20 years can establish regular employment under Article 280 of the Labor Code.