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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  • Employee found guilty of habitual absenteeism and tardiness not entitled to economic assistance
  • “No work no pay” scheme is not significant in determining employer-employee relationship
  • Requirement for appeals involving monetary award
  • Admissibility of evidence submitted for the first time on appeal
  • Permanent disability and Total disability; Meaning
  • Dismissal based on grounds not alleged in the notice of termination not necessarily illegal
  • Dismissal of corporate officer falls under the jurisdiction of regular courts not NLRC
  • Labor-only contracting; Pure supply of manpower to assist in sales and distribution of products is prohibited as labor-only contracting
  • Suspension of labor-claims during corporate rehabilitation
  • Drug-Free Workplace Policy; Importance of confirmatory test after drug test
  • POEA Standard Employment Contract; Permanent disability defined
  • POEA Standard Employment Contract; Compensation and benefits for injury or illness; Effect of failure of seafarer to submit himself for medical examination within 3 days from repatriation
  • Executory character of assumption and certification order
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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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Voluntary Resignation Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment. (Virgen Shipping Corp. vs. Barraquio, G.R. No. […]

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