Legal Insights

Beyond the Rules: Dismissal Misconduct and the Limits of Employer Discretion in the Philippines

Philippine jurisprudence clarifies when employee dismissal for misconduct is valid, and when employer discretion crosses the line into illegal termination.

Sabbatical Leave and Abuse of Rights: Understanding Employer Discretion in the Philippines

Philippine Supreme Court clarifies that sabbatical leave is a privilege, not a right, and explains when employer discretion amounts to abuse of rights.

Breach OF Trust AN Employees Dismissal FOR Dishonesty AND THE Limits OF Employer Discretion

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.

Optional Retirement: When Employer Discretion Prevails Over Employee Claims

Supreme Court clarifies that optional retirement benefits under a company gratuity plan remain subject to employer discretion, not a matter of right.

Probationary Employment: Defining the Boundaries of Employer Discretion in the Philippines

Philippine Supreme Court clarifies probationary employment rules, six-month period computation, and abandonment of work in CALS Poultry v. Roco.

Breach of Trust and Managerial Dismissal: Defining the Limits of Employer Discretion in the Philippines

When can a Philippine employer validly dismiss a managerial employee for loss of trust and confidence? The Supreme Court clarifies the rules.

Retrenchment in Bad Faith: Limits on Employer Discretion and Employee Rights to Backwages

When is retrenchment illegal? The Supreme Court explains bad faith, backwages, and separation pay for dismissed employees.