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 124 of 24 articles for separation pay

Job Offer Accepted but Withdrawn Before Start Date: The Aragones Ruling on Perfected Employment Contracts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

COA’s Limited Role in Enforcing Final Court Judgments on Government Liabilities

The Supreme Court clarifies that COA cannot determine funding sources for final judgments, ensuring government obligations are honored without delay.

When Can You Amend a Labor Complaint? NLRC Rules Explained

Learn the strict NLRC rule on amending labor complaints before the position paper, based on a 2024 Supreme Court ruling.

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.

Constructive Dismissal of OFWs: When Unbearable Work Conditions Amount to Illegal Termination

The Supreme Court clarifies when unbearable working conditions abroad amount to constructive dismissal of OFWs, entitling them to back wages and damages.

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.

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.

Illegal Dismissal and Substantial Evidence: The Padsing v. Lepanto Case

The Supreme Court’s ruling in Padsing v. Lepanto underscores that employers must prove just cause for dismissal with substantial evidence.

Regular vs. Fixed-Term Employment: Key Lessons from Site for Eyes v. Daming

The Supreme Court ruled that repeated fixed-term contracts cannot defeat regular employment status. Learn the key lessons from this landmark case.

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.

Valid Dismissal and Separation Pay: Key Lessons from a 2020 Supreme Court Ruling

A 2020 Supreme Court ruling clarifies when dismissal for willful disobedience is valid and when separation pay may—or may not—be granted.

Reinstatement in Illegal Dismissal: The Strained Relations Doctrine Explained

Illegal dismissal entitles workers to reinstatement and backwages. The strained relations doctrine is a narrow exception—learn how courts apply it.

Finality of Monetary Awards in Labor Cases: The Tan v. Dagpin Rule

Learn how the Supreme Court's Tan v. Dagpin ruling protects final labor judgments from recomputation after full payment.

Finality vs. Recomputation: Computing Monetary Awards in Illegal Dismissal Cases

A final illegal dismissal ruling does not bar recomputation of back wages and separation pay. Learn the rules and key dates.

Backwages and Reinstatement Rights for Illegally Dismissed Employees in the Philippines

Learn the reinstatement and backwages rights of illegally dismissed employees in the Philippines, including the Wenphil Corporation ruling.

Managerial Employees and Overtime Pay in the Philippines: The Clientlogic Case

Who counts as a managerial employee exempt from overtime pay? The Supreme Court's Clientlogic ruling clarifies the test.

Backwages in Illegal Dismissal: When the Employer’s Obligation Ends

Backwages in illegal dismissal accrue until actual reinstatement or payment of separation pay, per Mt. Carmel College v. Resuena.

Employee vs. Independent Contractor: The Four-Fold Test Under Philippine Law

The Supreme Court's ruling in Corporal v. NLRC clarifies when workers are true employees, not independent contractors, under Philippine labor law.

When Can an Employer Terminate an OFW Due to Illness? The Medical Certificate Rule

Philippine law requires a medical certificate from a competent public health authority before an employer can validly terminate an OFW due to illness.

NLRC Appeal Bond Rules: Why Missing the Deadline Kills Your Labor Appeal

Learn why failing to post the NLRC appeal bond on time can dismiss your labor appeal, and how the DORELCO case shapes the rules.

Piece-Rate Workers Can Be Regular Employees: The Lambo v. NLRC Ruling

How the Supreme Court ruled that piece-rate tailors are regular employees entitled to full labor rights under Philippine law.

Fishermen Are Not Field Personnel: Service Incentive Leave for Sea-Based Workers

Supreme Court ruling clarifies that supervised fishermen are not "field personnel" and are entitled to service incentive leave under Philippine law.

Successor Liability in Philippine Labor Law: When New Owners Inherit Labor Obligations

Learn when a successor company inherits a predecessor's labor obligations under Philippine law, based on the Caliguia ruling.

Just Cause Termination for Workplace Fighting: The Royo Case and Due Process in the Philippines

When can an employer fire an employee for fighting? The Royo case clarifies serious misconduct as just cause and the due process required.