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 112 of 12 articles for employer prerogative

Proving Illegal Dismissal: The Burden of Substantial Evidence in Philippine Labor Cases

Learn how the Supreme Court defines the employee's burden of proof in illegal dismissal cases, based on the Jarabelo ruling.

Totality of Infractions: Delineating Just Cause for Termination in Philippine Labor Law

The Supreme Court clarifies when past offenses may justify dismissal under the totality of infractions principle, balancing employer prerogative and employee rights.

When Business Closure Is Valid: Employer Prerogative vs. Employee Security

The Supreme Court explains when a company may validly close operations and terminate employees, and how workers can challenge the closure.

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.

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.

Balancing Right to Work and Employer Prerogative: Absences and Termination

Philippine Supreme Court ruling on when excessive absences justify dismissal, emphasizing proportional penalties and employer burden of proof.

Probationary Employment and Employer Prerogative: When Clearance Requirements Justify Non-Regularization

Philippine Supreme Court ruling on probationary employment, employer prerogative, and reasonable pre-employment requirements for regularization.

Due Process in Retrenchment: Balancing Employer Prerogative and Employee Rights

Philippine Supreme Court clarifies the distinction between just and authorized causes in dismissal, and the penalties for violating notice requirements.

Strikes and Due Process: Balancing Labor Rights and Employer Prerogatives in the Philippines

Explore how Philippine labor law balances workers' right to strike against employer prerogatives, with due process at the core.

Seafarer Transfers Understanding Crewmember Rights AND Employer Prerogatives IN Vessel Assignments

Learn how the Supreme Court balanced crewmember rights and employer prerogatives in vessel transfer assignments for Filipino seafarers.

Valid Reorganization vs Constructive Dismissal: Philippine Supreme Court Clarifies Employer Prerogatives

When a valid company reorganization abolishes a position and reassigns an employee without bad faith, no constructive dismissal arises.

When Can Dishonesty Lead to Employee Termination? A Philippine Labor Law Perspective

Philippine Supreme Court clarifies when dishonesty justifies dismissal, distinguishing serious offenses from minor lapses in this labor law case analysis.