redundancy
Among the accepted criteria in implementing a redundancy are: (a) less preferred status, e.g., temporary employee; (b) efficiency; and (c) seniority The establishment and implementation of criteria are important feature of redundancy to give respect to the employee’s constitutionally enshrined security of tenure. In one case, the Supreme Court has refused to give credence to […]
The fact that the functions of a position were simply added to the duties of another does not affect the legitimacy of the employer’s right to abolish a position when done in the normal exercise of its prerogative to adopt sound business practices in the management of its affairs. In Wiltshire File Co., Inc. vs. […]
Redundancy is one of the authorized causes for the termination of employment provided for in Article 298 of the Labor Code, as amended: Article 298. Closure of Establishment and Reduction of Personnel. – The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses […]
Redundancy generally transpires because of excess positions. It is worthy of note that what becomes redundant is the position and not the holder. Hence, if X is a cashier, she may be terminated not because she is redundant, but because her position as cashier is. An interesting follow-up inquiry is if that is the case, […]