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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Constructive Dismissal concept Constructive dismissal is an employer’s act amounting to dismissal but made to appear as if it were not – a dismissal in disguise. In most cases of constructive dismissal, the employee is allowed to continue to work, but is simply reassigned, or demoted, or his pay diminished without a valid reason to […]

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  • Burden of proof to show dismissal for cause rest upon employer
  • Abandonment of work cannot be presumed from equivocal acts
  • Elements of abandonment
  • Award of attorney’s fees in action for recovery of wages or illegal dismissal
  • Elements of valid retrenchment
  • Position of a cashier requires high degree of trust and confidence
  • “Ample reason to distrust” sufficient basis to dismiss employee occupying position of trust and confidence
  • Subcontractual employees directed to continue their duty after termination of contract become employee of the principal
  • Mere absence of employee not sufficient to prove abandonment of work
  • Burden of proof to show compliance with two notices requirement
  • Where to serve notice in case of abandonment of work […]
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Summary What is separation pay? What are the instances in which payment of separation pay is sanctioned? Distinguished separation pay from retirement pay? Separation Pay Meaning Separation pay, as generally understood, refers to the amount due to the employee who has been terminated from service for causes authorized by law (not due to employees fault […]

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Legal basis of preventive suspension; When employee may be place under preventive suspension; Maximum period of preventive suspension; Payment of wages during period of preventive suspension; When preventive suspension amounts to constructive dismissal

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