termination

In Central Azucarera De Bais, Inc. vs. Siason [765 Phil 399 (2015)], the Supreme Court (SC) defines resignation as the formal pronouncement or relinquishment of a position or office. It is  the voluntary act of an employee who is in a  situation where he believes that personal reasons cannot be sacrificed in favor of the […]

The law and jurisprudence guarantee to every employee security of tenure. This textual and the ensuing jurisprudential commitment to the cause and welfare of the working class proceed from the social justice principles of the Constitution that the Court zealously implements out of its concern for those with less in life. However, this constitutional commitment […]

A particular department under the SMC group of companies was closed allegedly due to serious business reverses. The Supreme Court (SC) concluded that this constitutes retrenchment by, and not closure of, the enterprise or the company itself as SMC has not totally ceased operations but is still very much an on-going and highly viable business […]

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 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 […]

A project employee is one who is engaged for a particular project or undertaking, the completion of which has been made known to the project employee upon engagement. Project employment is an exception to the rule on regular employment. The Labor Code, under Article 295 states that the provisions of written agreement to the contrary […]

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. As a background, a probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [See Canadian […]

Jurisprudence is settled that in determining the sanction imposable to an employee, the employer may consider and weigh her other past infractions or the so-called totality of infractions rule. Previous offenses may be used to aggravate a subsequent infraction to justify an employee’s dismissal only if they are related to the subsequent offense upon which […]

Retrenchment is the termination of employment effected by management during periods of business recession, industrial depression, seasonal fluctuations, lack of work or considerable reduction in the volume of the employer’s business. Resorted to by an employer to avoid or minimize business losses. (Somerville Stainless Steel Corporation vs. National Labor Relations Commission, 350 Phil. 859, 869 […]

Modern business world is a slave to new technology. It is a fact that most business processes cannot be done without the aid of robots and computer. As the number of non-human labor forces rises, the demand for human labor diminishes. In a case, the company brought in its plant high- speed machines to be […]