Tag: labor law
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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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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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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 […]
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Labor Law: Cashiers Beware!
The case EATS-CETERA FOOD SERVICES OUTLET and/or SERAFIN RAMIREZ, versus MYRNA B. LETRAN and MARY GRACE ESPADERO, (G.R. No. 179507, October 2, 2009) involves a cashier whose time card was punched in by someone else. She failed to report this incident to her supervisor, for which reason she was eventually dismissed. One wonders whether such […]
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Labor Law – Loss of Trust and Confidence
The Supreme Court had the opportunity of reiterating some well-known guidelines pertaining to dismissal due to loss of trust and confidence in the very recent case of M+W ZANDER PHILIPPINES, INC. and ROLF WILTSCHEK, versus TRINIDAD M. ENRIQUEZ, (G.R. No. 169173) promulgated just last week, i.e., June 5, 2009. You can read the facts of […]
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Recent Labor Jurisprudence (RLJ): Hotel Nurses
Although I have posted digests of recent jurisprudence on labor law on this blog before, I think it’s high time I make the whole thing a little bit formal by assigning a category, i.e. Recent Labor Jurisprudence, henceforth RLJ. Let’s begin with a case decided just this month involving the employment status of nurses engaged […]
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