The exercise of a management prerogative is not limitless, but hemmed in by good faith and a due consideration of the rights of the worker. In this light, the management prerogative will be upheld for as long as it is not wielded as an implement to circumvent the laws and oppress labor. (Nathaniel Dongon vs. Rapid Movers and Forwarders, G.R. No. 163431, August 28, 2013)
Art. 295 [280]. Regular and casual employment. – The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or services to be performed is seasonal in nature and the employment is for the duration of the season.
Submission of termination reports is considered as an indicator of project employment. However, the submission of this report, by and of itself, is not conclusive to confirm the status of the terminated employees as project employees.
(Toyo Seat Philippines Corporation v. Annabelle C. Velasco, G.R. No. 240774, March 03, 2021)
Doctrine
An “ON-US check” refers to a client’s check drawn and deposited on the same branch of a bank. Once an ON-US check is cleared and credited to a payee’s account, the bank can no longer enforce a stop payment order and debit the payee’s account. When the late stop payment order is enforced and the payee’s account is debited, resulting in the dishonor of the check drawn from such account, the bank is deemed to have committed a breach of contract which makes it liable for damages.
Abandonment is the deliberate and unjustified refusal of an employee to resume his employment. It is a form of neglect of duty, hence, a just cause for termination of employment by the employer.
Republic Act No. 11210, also known as the Expanded Maternity Leave Law, grants covered female workers in both government and private sectors, including those in the informal economy, a total of 105 days of maternity leave with full pay. Additionally, it provides an option to extend the maternity leave for an additional thirty (30) days without pay.
Every third week of March of every year is declared as the “Philippine Industry and Made-in-the-Philippines Products Week”.
March 25 of every year is declared as the “Day of the Unborn”, by virtue of Proclamation No. 586, s. 2004 to promote a culture of life and defense of life from the moment of conception. (Proclamation No. 586, s. 2004)
The law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corporation v. Baquial, G.R. No. 192011, June 30, 2014)
Implicit in the contract of employment is the undertaking that the employee shall be faithful to the interest of the employer during the term of the employment. When an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. (Elizalde International vs. CA, G.R. No. L40553, February 26, 1981)
