Retirement Age Retirement is one of the modes of termination of employment. By retirement, the employment is terminated when the employee has reached a certain age, or after he has completed a certain number of years of service. Under the Labor Code (Art. 287), an employee may be retired upon reaching the retirement age established […]

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An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as the health of his co-employees. (Art. 284, LC) Requisites for termination on the ground of disease. The employee suffers […]

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Separation pay may be computed based on the terms provided in the employment contract, company policy, or collective bargaining agreement. Company practice may likewise be used as basis for computation, if such practice has been established for years and has already ripened into a demandable right. In the absence of contract or agreement, or when […]

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  • Need for Writ of Execution
  • Policy of the Law
  • Duty to Implement Reinstatement is Ministerial
  • Effect of Refusal of Employer to Reinstate Employee
  • Option of Payroll Reinstatement
  • Effect of Reversal on Appeal
  • The Refund Doctrine (Genuino case)
  • Immediate Execution of Reinstatement Order by Labor Arbiter
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  • Right to Reinstatement
  • Reinstatement Meaning
  • Remedy when Reinstatement is no Longer Possible
  • Doctrine of “Strained Relations” Concept
  • Right to Backwages
  • Backwages Meaning
  • Effect of Failure to Claim Backwages
  • Computation of Backwages
  • Methods of Computing Backwages
  • Illegal Dismissal Without Backwages
  • Separation Pay
  • Amount of Separation Pay: Formula
  • Cases
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  • Procedural Due Process
  • Service of Notices
  • Opportunity to Respond
  • Requirements for First Notice (NTE)
  • Effect of Refusal of Employee to Participate in Investigation
  • Effects or Consequences of Termination
  • Cases
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  • Requirements of Procedural Due Processs
  • Criteria in Selection of Employee to be Dismissed
  • Payment of Separation Pay
  • Effects of Termination
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