G.R. No. 93666 – 273 Phil. 434 – 196 SCRA 215 – Labor Law – Pre-Employment – Article 40 – Employment of Aliens In February 1990, Earl Timothy Cone (popularly known as Coach Tim Cone) was given an alien employment permit to be the head coach of Alaska, a basketball […]
Labor Law
83 posts
G.R. No. 246892 – Labor Law – Post-Employment – Illegal Dismissal – Four-Fold Test – Delivery Riders are employees In February 2016, Chrisden Ditiangkin and several others each executed an Independent Contractor Agreement with Lazada E-Services Philippines, Inc. whereby they agreed to be riders for Lazada. Lazada is an online […]
G.R. No. 49549 – 189 SCRA 117 – Labor Law – Post-Employment – Grounds for Termination – A teacher having a relationship with a student is not per se immoral Evelyn Chua was a teacher at Tay Tung High School, Inc. By 1975, she had been teaching there for thirteen […]
G.R. No. 121927 – 352 Phil. 261 – 289 SCRA 433 – Labor Law – Labor Standards – Wages – Minimum Wage – Commissions are part of Wage Antonio Iran is a softdrinks merchandiser who employs several truck drivers who will deliver his products to various stores. He gives commissions […]
G.R. No. 213488 – 798 Phil. 121 – Labor Law – Labor Standards – Wages – Commissions are part of wages Jurisdiction and Reliefs – Evidence – Burden of Proof of payment of wages is on employer Vilma De Peralta was an Insurance Sales Executive at Toyoya Pasig. In 2012, […]
G.R. No. L-44169 – 224 Phil. 441 – 140 SCRA 304- Labor Law – Labor Standards – Wages vs Salary Remedial Law – Civil Procedure – Execution of Judgment – Limitations on Garnishment; Wages are exempt from execution – Salary not exempt from execution Civil Law – Obligations and Contracts […]
G.R. No. 193493 – 711 Phil. 179 – 698 SCRA 485 – Labor Law – Social Legislation – SSS Claims Labor Standards – Hours of Work – Employer-Employee Relations – Four-Fold Test’ Control Test Jaime Fulo had been working in a farm owned by Jaime Gapayao since 1983. In November […]
A columnist whose column is removed by the newspaper from publication is not ipso facto terminated from work by the newspaper company. Money claims arising from employer-employee relationship: covered by Article 291 of the Labor Code. Money claims, such as backwages, consequent to an illegal dismissal case: covered by Article […]
G.R. No. 120030 – 273 SCRA 549 – Labor Law – Labor Relations – Preventive Suspension – No need to allege imminent threat in suspension letter Marissa Villanueva and Henry Payot were purchasing officers of Atlas Fertilizer Corporation (Atlas). In March 1992, Atlas made an audit and it discovered that […]
G.R. No. L-59847 – 203 Phil. 23 – 117 SCRA 659 – Labor Law – Labor Relations – Illegal Strike – Backwages In January 1980, the Philippines Inter-Fashion, Inc. decided to retrench 40 employees due to alleged lack of available work for employees. As a result, the labor union therein, the Philippine Inter-Fashion […]
G.R. No. 148241 – 438 Phil. 737 – 390 SCRA 181 – Labor Law – Post-Employment – Constructive Dismissal – Refusal to be reinstated not necessarily abandonment In 1994, Bernardo Singson was hired as a sales agent by Hantex Trading Co., Inc. He earns Php165.00 a day but he gets commission […]
G.R. No. 176884 – 675 Phil. 713 – 659 SCRA 642 – Labor Law – Social Legislation – Permanent Total Disability; When present In May 2001, Carmelito Valenzona was recruited and hired by the Fair Shipping Corporation to work as an engineer for Sejin Lines Company Limited. He was assigned […]
G.R. No. 75305 – 258 Phil. 575 – 177 SCRA 778 – Labor Law – Labor Standards – Wages – Primacy of Workers Lien; When Not Applicable In March 1985, Michael Peñalosa et al won a labor case against the Riverside Mills Corporation (RMC). They were awarded damages and other benefits […]
G.R. No. 155207 – 584 Phil. 35 – 562 SCRA 36 – Labor Law – Labor Relations – Employer-employee Relationship in a Publication – Four Fold Test – Control Test In March 1990, Wilhelmina Orozco was hired as a writer by the Philippine Daily Inquirer (PDI). She was the columnist […]
G.R. No. 80609 – 247 Phil. 641 – 164 SCRA 671 – Labor Law – Post-Employment – Termination – Just and Authorized Causes – Separation Pay; When not available – Equity Marilyn Abucay has been an employee of the Philippine Long Distance Telephone Company (PLDT) for ten years when it was discovered that […]
The corporate officers and directors of a private recruitment company engaged in illegal recruitment are not automatically liable There must first be a finding that they were remiss in directing the affairs of that company G.R. No. 152642 – 698 Phil. 454 – 685 SCRA 245 – Labor Law – […]