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Showing 124 of 539 articles for illegal dismissal

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.

Floating Status in Philippine Labor Law: When Suspension Becomes Illegal Dismissal

Learn when an employee's floating status becomes illegal dismissal under Philippine law, based on a 2024 Supreme Court ruling.

Labor-Only Contracting in the Philippines: Employer Responsibilities and Employee Rights

The Supreme Court clarifies labor-only contracting rules, employer liability, and employee rights in illegal dismissal cases involving contractors.

HIV Status and Illegal Dismissal: Philippine Labor Law Protections for OFWs

The Supreme Court ruled that terminating an OFW solely because of HIV status is illegal dismissal, affirming Philippine law protections.

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.

Independent Contractor vs Employee: Proving Employment Status in Illegal Dismissal Cases

The Supreme Court clarifies how courts distinguish independent contractors from regular employees in illegal dismissal disputes, emphasizing the burden of proof on claimants.

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.

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 of Cooperative Officers: CDA, Not Labor Tribunals, Has Jurisdiction

The Supreme Court clarifies that illegal dismissal complaints by cooperative officers fall under CDA jurisdiction, not labor tribunals.

OFW Illegal Dismissal: Philippine Labor Laws Protect Workers Abroad

Philippine labor laws protect OFWs from illegal dismissal, even abroad. Learn the rules on retrenchment, due process, and remedies.

Proving Employer-Employee Relationship in Illegal Dismissal Cases

A look at Sermona v. Hacienda Lumboy and the rules on proving employer-employee relationships in illegal dismissal cases in the Philippines.

Illegal Dismissal Claims Survive Employee's Death: Heirs May Substitute

Philippine Supreme Court clarifies that illegal dismissal complaints are imbued with public interest, allowing heirs to substitute deceased complainants.

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.

Proving Illegal Dismissal: Employee Must First Establish Fact of Dismissal

In illegal dismissal cases, the employee must first prove the fact of dismissal by substantial evidence before the employer bears the burden of justifying it.

Serious Misconduct and Illegal Dismissal: When a Petty Quarrel Isn't Grounds for Termination

The Supreme Court clarifies when a workplace fight constitutes serious misconduct justifying dismissal, and when it amounts to illegal termination.

Cabug-os v. Espina: Balancing Employee Rights and Micro-Business Realities

The Supreme Court ruled that illegal dismissal awards against sari-sari stores must be equitable, considering the BMBE status and actual salaries of micro-enterprises.

Regular Employment Status and Illegal Dismissal: Employee Rights After Probation

Philippine Supreme Court clarifies when probationary employees become regular and the rights they gain against illegal dismissal.

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.

Regularization Case vs Illegal Dismissal: When Filing Both Is Not Forum Shopping

Workers can file illegal dismissal cases while regularization cases are pending—the Supreme Court clarifies the limits of forum shopping in labor disputes.

Illegal Dismissal of Pregnant Employee: SPID Corp. v. Ballesteros Explained

The Supreme Court affirmed that dismissing a pregnant employee without substantial evidence is illegal, reinforcing due process in Philippine labor law.

Unfair Dismissal: Protecting Employees From Arbitrary Termination and Belated Evidence

The Supreme Court clarifies the rules on belated evidence in labor cases and reaffirms protections against illegal dismissal under Philippine law.

Burden of Proof in Illegal Dismissal: Proving the Employer-Employee Relationship

In illegal dismissal cases, the employee must first prove the employer-employee relationship. G.R. No. 244206 clarifies this burden.

Illegal Dismissal vs. Voluntary Resignation: Proving Your Case in the Philippines

When is a resignation not voluntary? Learn how Philippine courts distinguish illegal dismissal from resignation and who bears the burden of proof.

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.