Constructive dismissal is a cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or diminution in pay or both; or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee. The test of constructive dismissal is whether a reasonable person […]

The rule is that “in illegal dismissal cases, the burden of proof is on the employer in proving the validity of dismissal. However, the fact of dismissal, if disputed, must be duly proven by the complainant. In relation thereto, Section 3, Rule 1 of the 2011 NLRC Rules of Procedure provides for the suppletory application […]

An affidavit is a sworn statement of an individual testifying on fact in issue in a particular situation or a case. It is usually presented to stand as a witness in a case, like in a labor case. What is the value of an affidavit in a labor case? Does it have any probative weight […]

In a case where the employee filed an illegal dismissal case with the National Labor Relations Commission (NLRC) and the employer defends against it by alleging the employee has resigned, the Supreme Court (SC) usually rules by examining the facts and circumstances of the case. The rule is that one who alleges a fact has […]

On 11 October 2022, the President declared October 31, 2022 (Tuesday) as Nationwide Special Day. With this, it connects with the holidays declared under Proclamation No. 1236 declaring 1 November 2022 (All Saint’s Day) and 2 November 2022 (All Soul’s Day). The declaration of 31 October 2022 as special day is aimed to strengthen family […]

Project employment viz regular employment involves activities which may or may not be usually necessary or desirable in the usual business or trade of the employer, as we have discussed in ALU-TUCP vs. National Labor Relations Commission, [G.R. No. 109902, August 2, 1994, 234 SCRA 678, 684-686] and Leyte Geothermal Power Progressive Employees Union-ALU-TUCP vs. […]

Due process under the Labor Code involves two aspects: first, substantive––the valid and authorized causes of termination of employment under the Labor Code; and second, procedural––the manner of dismissal. (King of Kings Transport, Inc. vs. Mamac, G.R. No. 166208, June 29, 2007.) Art. 277 [now Art. 294] of the Labor Code provides the manner of […]

An employment shall be deemed to be casual if the employee has not been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, regular, project, or seasonal employee. It is one of the exceptions to the rule on regular employment under Article 295 which states […]

Absence without official leave or AWOL is a form of neglect of duty. Under the Labor Code, gross and habitual neglect of duty is one of the grounds for dismissal of employment. AWOL, may constitute a neglect of duty, does not necessarily amount to a dismissible offense considering that the law requires the omission to […]

In the case of Carpio vs. Modair Manila Co., Ltd. (G.R. No. 239622, June 21, 2021) the Supreme Court (SC) articulates the following principles for the guidance of workers, employers, labor tribunals, the bench, bar, and public regarding the nature of employment for workers in the construction industry: First, a worker is presumed a regular […]