Category: Law
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Totality of Offenses
Once in a while, I feel the need to post something on law. After all, this blog started out as a blawg and the posts here on law are what get the most traffic. Almost everyday, someone reads my post on illegal dismissal and similar posts, when all my other posts are long forgotten. But…
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Paternity Leave for Probationary Employees
I haven’t blogged on law for a long time. I’ve been planning to but I just couldn’t get around to doing so. But every now and then a client would ask me an interesting question and it occurred to me that maybe I could hit two birds with one stone: Do research on that question…
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Fixed Term Employment Contract (Reposted)
What is a fixed-term employment contract and when is it considered valid? The Supreme Court had occasion to tackle these questions in the case of Cherry J. Price, et al. versus INNODATA Phils. Inc., et al., (G.R. No. 178505), promulgated on September 30, 2008.
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The Disgraceful Lawyer
How disgraceful is the lawyer whose dying breath passes while at court, at an advanced age, pleading for unknown litigants and still seeking the approval of ignorant spectators. – Seneca, ON THE BREVITY OF LIFE
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Merchandising Representatives as Fixed-Term Employees
A month ago the Philippine Supreme Court promulgated a very interesting decision that has to do with trade merchandising representatives as fixed term and/or project employees. The case is Fontera Brands Phils., Inc. vs. Leonardo Largado and Teotimo Estrellado (G.R. No. 205300, March 18, 2015).
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Security Guards on Floating Status
In the recent case of Exocet Security and Allied Services Corp. and/or Ma. Teresa Marcelo vs. Armando D. Serrano (G.R. No. 198538, September 29, 2014) the Supreme Court clarified some of the rules concerning security guards on floating status. I have taken the liberty of summarising these rules, but I have more or less followed…
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Productivity Standards
Can you dismiss an employee on the basis of failure to meet sales or work quotas? The Supreme Court answered this question in the affirmative in ARMANDO ALILING, Petitioner, vs. JOSE B. FELICIANO, MANUEL F. SAN MATEO III, JOSEPH R. LARIOSA, and WIDE WIDE WORLD EXPRESS CORPORATION, Respondents. (G.R. No. 185829; April 25, 2012). In Lim v. National Labor…
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Termination of Probationary Employment (1)
Chronic Tardiness; Reasonable Standards for Regularization; No Notice and Hearing Required for Termination Mylene was employed as a trainee-teller by a bank under a six-month probationary employment contract. She was almost always late, so the bank sent her a memorandum directing her to explain why she should not be subjected to disciplinary action for “chronic…
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Stress and Law Practice
First of all, happy new year to everyone! Recently, I’ve been thinking about the stress that I sometimes experience in law practice, so I tried surfing the web for some ideas on how to deal with it. I came across an article which I found very helpful. I wanted to thank the author but as…
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Time Cards and Dismissal
Can an employee be dismissed if he punches in not only his time card but also the time cards of his co-employees? The answer to this question may be found in the case of SAN MIGUEL CORPORATION vs. THE NATIONAL LABOR RELATIONS COMMISSION, PEDRO B. DELEN, FELIPE P. MERCADO, ROGELIO Z. MISOLAS, HENRY S. LOGAN…
PHILIPPINE THEO LAW GEE 