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 121 of 21 articles for illegal-dismissal

Understanding Compromise Agreements in Labor Disputes: When Are They Valid

The Supreme Court clarifies when compromise agreements and quitclaims in labor cases are valid, and when courts may invalidate them.

Probationary Employment in the Philippines: Understanding Regularization Standards

The Supreme Court clarifies when probationary employees may be validly terminated for failing to meet regularization standards under Philippine law.

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.

Understanding Illegal Dismissal When Negligence Doesnt Justify Termination

The Supreme Court clarifies when simple negligence or carelessness cannot justify termination, explaining the standards for loss of trust, gross neglect, and abandonment.

Regular vs Project Employment: What the Supreme Court Requires of Employers

A 2019 Supreme Court ruling clarifies when construction workers are regular employees, not project employees, and what employers must prove.

Security of Tenure for OFWs: Why Illegal Dismissal and Void Contracts Matter

A Supreme Court ruling affirms that overseas Filipino workers enjoy security of tenure, and contracts violating this right are void.

Redundancy Dismissals: Strict Compliance With Labor Code Imperative

Philippine Supreme Court clarifies strict requirements for valid redundancy termination, including mandatory DOLE notice and fair selection criteria.

Loss of Trust and Due Process: Philippine Standards for Employee Dismissal

Philippine Supreme Court clarifies the standards for loss of trust and due process in employee dismissal cases under the Labor Code.

Retaliatory Dismissal: Protecting Employees Who Assert Their Rights

The Supreme Court affirms that firing workers for filing labor complaints violates security of tenure and constitutes illegal dismissal.

Redundancy vs Retrenchment: Protecting Employees From Illegal Dismissal

The Supreme Court clarifies the distinction between redundancy and retrenchment, and the rules employers must follow to avoid illegal dismissal.

Business Closure vs Illegal Dismissal: Navigating Employee Rights in the Philippines

When is a resignation forced? Learn how Philippine labor law distinguishes voluntary resignation from illegal dismissal, based on a Supreme Court ruling.

Mistake vs Misconduct in Employee Dismissal: Due Process in Philippine Labor Law

When is an employee's honest mistake a valid ground for dismissal? The Supreme Court clarifies the line between error and misconduct.

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.

Compulsory Retirement at 60: When Company Policy Violates Security of Tenure

A company policy forcing retirement at 60 can be illegal dismissal. The Supreme Court explains the difference between voluntary and compulsory retirement.

NLRC vs Regular Courts: Where to File Damages Claims in Dismissal Cases

Learn when illegal dismissal damages claims belong to the NLRC labor arbiter, not regular courts, under Article 217 of the Labor Code.

Jurisdiction vs Exercise of Jurisdiction: Upholding Court Authority Despite Procedural Errors

The Supreme Court clarifies that jurisdiction over labor cases persists despite procedural lapses, and rules on retirement age, CBA benefits, and tax refund claims.

Employer-Employee Relationship and Illegal Dismissal: The Control Test in Philippine Labor Law

Philippine Supreme Court clarifies the control test for employer-employee relationship and rules on illegal dismissal due to disease in Sy v. Court of Appeals.

Philippine Security of Tenure: Why Fixed-Term Employment Can't Sidestep Regularization

The Supreme Court strikes down a fixed-term contract scheme that blocked an employee's regularization, reaffirming constitutional security of tenure for Philippine workers.

Wage Distortion In The Philippines Understanding Collective Bargaining And Legal Remedies

Philippine Supreme Court clarifies wage distortion, collective bargaining rights, and legal remedies for employees facing demotion or illegal dismissal.

When Can a Company Terminate an Employee Due to Illness? Philippine Law Guide

Philippine law sets strict rules for terminating employees due to illness. Learn the requirements, including the six-month cure rule and medical certification.

Establishing Employer-Employee Relationship Is Key to Illegal Dismissal Claims in the Philippines

Philippine Supreme Court ruling on why proving employer-employee relationship is essential before an illegal dismissal case can prosper.