Are contracts of employment for a fixed period unlawful?
Fixed term employment is not illegal per se or against public policy. (Claret School of Quezon City v. Madelyn Sinday, G.R. No. 226358, October 09, 2019)
Author: rizzlemay
What is the Reasonable Causal Connection Rule?
A money claim by a worker against the employer or vice-versa is within the exclusive jurisdiction of the labor arbiter only if there is a “reasonable causal connection” between the claim asserted and employee-employer relations. Only if there is such a connection with the other claims can the claim for damages be considered as arising from employer-employee relations. Absent such a link, the complaint will be cognizable by the regular courts. (Philippine Airlines, Inc. vs. Airline Pilots Association, G.R. No. 200088, February 26, 2018)
The Supreme Court decides: The distinction between a contract of sale and contract to sell is well-established in the decisions of the Court.
In determining the real nature of a contract, the express terms of the written agreement and the contemporaneous and subsequent acts of the parties are taken into consideration.
Designated Smoking and Non-Smoking Areas in the Workplace (Section 6, Republic Act No. 9211)
In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.
Workplace Policy against Discrimination on account of Hepatitis
There shall be no discrimination of any form against workers on the basis of Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).
Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion or assignment, because of their Hepatitis B status.
(Source: Rule III, Section C, par. 1 (a), DOLE Department Advisory No. 05, Series of 2010)
Partnership vs. Joint Venture
By the contract of partnership two or more persons bind themselves to contribute money, property, or industry to a common fund, with the intention of dividing the profits among themselves. (Article 1767, New Civil Code)
Exceptions to the Limited Liability Rule
It is a well-settled principle that the exception to the limited liability doctrine applies when the damage is due to the fault of the shipowner or to the concurrent negligence of the shipowner and the captain. Where the shipowner fails to overcome the presumption of negligence, the doctrine of limited liability cannot be applied. (Aboitiz Shipping Corporation v. Court of Appeals, G.R. No. 121833, October 17, 2008)
Are Project Employees Entitled to Separation Pay?
If you are a project worker, your situation might differ from regular employees when it comes to separation pay.
In many cases, project workers are not entitled to separation pay when their job ends because the completion of the project or a phase of it is seen as the natural end of their employment.
The Supreme Court decides: (1) If a taxpayer does not agree to a compromise, the compromise penalty cannot be enforced because mutual agreement is necessary for a compromise to be valid. (2) Deficiency interest and delinquency interest can be imposed at the same time.
· A compromise penalty cannot be enforced if the taxpayer does not agree to the compromise because a compromise must be mutually agreed upon.
· Deficiency interest and delinquency interest can be simultaneously imposed.
Permanent Status of Employment of a Private School Teacher
In case of private school teachers, those who have served the probationary period shall be made regular or permanent.
Full-time teachers who have satisfactorily completed their probationary period shall be considered regular or permanent. (Section 93, 1992 Manual of Regulations for Private Schools)
A part-time employee would not attain permanent status no matter how long he had served the school. (De La Salle Araneta University v. Juanito Bernardo, G.R. No. 190809, February 13, 2017)