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Protection and Rights of Previously Convicted Persons to Apply for Work by Law

The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed, and regulate the relations between workers and employers. The State shall assure the rights of workers to self-organization, collective bargaining, security of tenure and just and humane conditions of work. (Article 3, Labor Code of the Philippines)

Is demotion of rank in the workplace allowed?

While due process required by law is applied on dismissals, the same is also applicable to demotions as demotions likewise affect the employment of a worker whose right to continued employment, under the same terms and conditions, is also protected by law. Moreover, considering that demotion is, like dismissal, also a punitive action, the employee being demoted should as in cases of dismissals, be given a chance to contest the same.

Promotion vs. Transfer

A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.”

Promotion, on the other hand, is the “advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary.”

(Albert O. Tinio v. Court of Appeals and Smart Communications, Inc., G.R. No. 171764, June 8, 2007)

Hacienda San Isidro/Silos Farms and Rey Silos Llamado vs. Lucito Villaruel and Helen Villaruel (G.R. No. 220087, November 13, 2023)

Doctrine:

A seasonal employee is deemed a regular employee if they perform work or services that are seasonal in nature and is employed to perform such work or services for more than one season. The fact that an employee is free to make their services available to others does not negate regular employment status for as long as they are hired repeatedly for the same activities and not merely on and off for any single phase of agricultural work. Likewise, being compensated under a pakyaw scheme does not negate regular employment so long as the employer has the right to exercise the power of control or supervision over the performance of an employee’s duties, regardless of whether the same is actually exercised. 

Laws Implemented in Favor of Women in the Last 20 Years

In the past, women were forced to stay home and were not allowed to pursue education and employment. However, recent statistics show that society appears to have improved in this regard. Yet even though women make up a large portion of the work force, they are still somehow expected to take primary responsibility for childcare and the management of the home.

Insurance Contract: The One with Perfect Good Faith

In a contract of insurance each party “must communicate to the other, in good faith, all facts within his knowledge which are material to the contract, and which the other has not the means of ascertaining. As a general rule, a failure by the insured to disclose conditions affecting the risk, of which he is aware makes the contract voidable at the option of the insurer. The reason for this rule is that insurance policies are traditionally contracts “uberrimae fidei” which means most abundant good faith; absolute and perfect candor or openness and honesty; the absence of any concealment or deception however slight. (Antonio, J., concurring, Vicente E. Tang vs. Hon. Court of Appeals, G.R. No. L-48563, May 25, 1979)

May an employer subject its employees to random drug testing? [The case of Mirant Philippines Corporation v. Joselito Caro (G.R. No. 181490, April 23, 2014)]

Officers and employees of public and private offices, whether domestic or overseas, shall be subjected to undergo a random drug test as contained in the company’s work rules and regulations, which shall be borne by the employer, for purposes of reducing the risk in the workplace. Any officer or employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination, subject to the provisions of the Labor Code and pertinent provisions of the Civil Service Law. (Section 36, R.A. No. 9165 or the Comprehensive Dangerous Drugs Act of 2002)