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Showing 124 of 368 articles for employers

Employee Data Privacy Philippines: Employer's Guide to the Data Privacy Act

Learn how the Data Privacy Act of 2012 protects employee data in the Philippines and what employers must do to comply.

Job Offer Accepted but Withdrawn Before Start Date: The Aragones Ruling on Perfected Employment Contracts

A job offer accepted is a perfected employment contract. Learn the Supreme Court's ruling in Aragones v. Alltech and what it means for employers and employees.

Reinstatement Wages After Illegal Dismissal: The 'Final Reversal' Rule Explained

When must employers pay reinstatement wages after an illegal dismissal ruling? The Supreme Court clarifies the "final reversal" rule in Del Monte Land Transport.

Serious Misconduct and Employee Dismissal in the Philippines: What Employers Must Prove

Philippine law requires wrongful intent, not just a mistake, to dismiss an employee for serious misconduct. Learn what employers must prove.

Seafarer Death Benefits: Work-Related Illness and Employer Liability in the Philippines

Philippine Supreme Court clarifies the disputable presumption of work-relatedness for seafarer death benefits under the POEA-SEC, shifting the burden of proof to employers.

Employee Theft in the Philippines: Legal Consequences and Prevention

A Supreme Court ruling on a court clerk who stole PHP 277,000 explains the legal consequences of employee theft in the Philippines and how employers can prevent it.

When Dismissal Fails Due Process: The Lapanday Foods Ruling on Valid Termination

Explore the Supreme Court's Lapanday Foods ruling on illegal dismissal, the twin notice rule, and what employers must prove to validly terminate employees.

Retrenchment in the Philippines: Proving Business Losses Under Article 298

Retrenchment is legal only if employers prove serious, ongoing losses. The Philphos case shows what evidence courts require.

Unlawful Termination Employer Liability FOR Extended Business Suspension AND Retrenchment Requirements

When a business suspension exceeds six months and retrenchment rules are ignored, employers face illegal dismissal liability. Learn the rules.

Illegal Dismissal: Employer Liability After a Prolonged Business Suspension

When a business suspension exceeds six months, employers must validly terminate or recall workers. Learn the rules from a 2023 Supreme Court ruling.

Minimum Wage Compliance: Employers Bear the Burden of Proof in Labor Disputes

Employers must prove wage payments in labor disputes. Learn how the Supreme Court applied this rule in a delivery helper's underpayment case.

Redundancy and Management Prerogative: Balancing Business Needs and Employee Rights in Terminations

The Supreme Court clarifies when redundancy is a valid ground for dismissal and what employers must prove to avoid illegal dismissal claims.

Constructive Dismissal: An Employer's Duty to Provide Specific Work Assignments

Floating status beyond six months constitutes constructive dismissal. A general return-to-work order is not enough—employers must assign a specific client.

Theft of Company Property: Balancing Employee Rights and Employers' Disciplinary Prerogative

Supreme Court clarifies when theft of company property justifies dismissal, balancing employer discipline with proportional penalties for erring employees.

Seafarers Disability Accident CBA Benefits and Employer Obligations in Maritime Employment

When a CBA governs seafarer disability, its better benefits prevail over the POEA-SEC, and employers must timely issue final medical assessments.

Logbook Entries Alone Insufficient to Prove Illegal Dismissal of Seafarer

Supreme Court rules a vessel logbook entry alone cannot prove a seafarer's incompetence; employers must show substantial evidence for valid dismissal.

Philippine Airlines v. Yañez: When Workplace Conduct Warrants Disciplinary Action

The Supreme Court clarifies when employers may discipline employees for creating a hostile work environment, even absent explicit sexual demands.

Upholding Seafarer Rights: Employers Must Issue Clear Disability Assessment

Supreme Court rules a company doctor's vague medical report cannot defeat a seafarer's claim for total and permanent disability benefits.

Management Prerogative vs Constructive Dismissal: When a Transfer Becomes Illegal

The Supreme Court clarifies when an employee transfer exceeds management prerogative and becomes constructive dismissal, requiring employers to prove genuine business necessity.

Employer as Bystander in Certification Elections: Lessons from Coca-Cola FEMSA

Supreme Court affirms the bystander rule, barring employers from opposing certification elections and clarifying reorganization's effect on bargaining units.

Redundancy Requisites: Burden of Proof on Employers in Philippine Labor Disputes

Philippine Clearing House Corp. v. Magtaan clarifies redundancy requisites, employer burden of proof, and quitclaim validity in illegal dismissal cases.

Burden of Proof in Labor Disputes: Employer's Duty to Prove Wage Payments

In FLB Construction v. Trinidad, the Supreme Court reaffirms that employers bear the burden of proving wage payments in labor disputes.

Redundancy Dismissal Employers Must Prove Necessity NOT Just Inefficiency

Philippine Supreme Court clarifies redundancy dismissal rules: employers must prove good faith and actual redundancy, not mere inefficiency.

Employee Dismissal in the Philippines: Due Process and Substantial Evidence Requirements

Philippine Supreme Court clarifies that employers must prove just cause with substantial evidence and follow procedural due process when dismissing employees.