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 115 of 15 articles for layoff

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.

Understanding Redundancy in Employment: A Guide to Legal Termination in the Philippines

Learn the four requisites for valid redundancy termination in the Philippines, explained through a recent Supreme Court ruling on BPO layoffs.

Constructive Dismissal: When a Security Guard's Prolonged Floating Status Becomes Illegal Dismissal

The Supreme Court clarifies when a security guard's floating status beyond six months amounts to constructive dismissal, entitling the guard to separation pay and back wages.

When Business Downturns Lead to Employee Layoffs: Understanding Retrenchment Under Philippine Law

Learn the legal rules on retrenchment in the Philippines, including valid grounds, procedural requirements, and worker protections.

Prolonged Layoff Equals Constructive Dismissal Employer Liability FOR Separation PAY

Philippine Supreme Court clarifies when prolonged layoff becomes constructive dismissal, entitling employees to separation pay and backwages.

Due Process for Casual Employees: Security of Tenure in Philippine Civil Service

The Supreme Court clarifies that casual government employees enjoy security of tenure and cannot be dismissed without cause and due process.

Illegal Dismissal: Employer Bears Burden of Proving Just Cause and Due Process

Philippine Supreme Court ruling on employer's burden to prove just cause and due process in illegal dismissal cases.

Retrenchment Balancing Employer Rights AND Employee Protection During Economic Downturns

The Supreme Court clarifies when retrenchment is valid, what criteria employers may use, and what employees can expect during economic downturns.

Misclassified Field Personnel: Overtime Pay and Illegal Dismissal in the Philippines

Supreme Court ruling on truck driver misclassified as field personnel, entitled to overtime pay, and illegally dismissed for complaining.

Business Closure in the Philippines: Navigating Layoffs and Employee Rights During Financial Distress

Learn the rules on business closure in the Philippines, including separation pay, notice requirements, and employee rights when a company shuts down due to losses.

Beyond 30 Days When Preventive Suspension Becomes Constructive Dismissal

Philippine Supreme Court clarifies that preventive suspension beyond 30 days can constitute constructive dismissal, entitling employees to reinstatement and backwages.

Illegal Strikes: Balancing Worker Rights and Employer Interests in Termination Cases

The Supreme Court clarifies when union officers and members may be dismissed for illegal strikes, and what due process requires.

Regular vs Seasonal Employment: Security of Tenure in Sugarcane Farming

Supreme Court clarifies when seasonal sugarcane workers become regular employees entitled to security of tenure and protection from illegal dismissal.

Illegal Dismissal vs Constructive Dismissal: Union Formation and Employee Rights

Understand illegal dismissal versus constructive dismissal through Mark Roche International v. NLRC, a landmark Philippine labor case on union formation.

Retrenchment in the Philippines: Navigating Layoffs Legally

Understand the legal requirements for valid retrenchment in the Philippines, based on the Supreme Court's ruling in Guerrero v. NLRC.