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)
Philippine Veterans Week is celebrated during the period of April 5 to April 11 of every year, by virtue of Proclamation No. 466-A, series of 2007.
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.
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.
An insurer is not liable for a loss caused by the willful act or through the connivance of the insured. (Section 89, R.A. No. 10607 or the Insurance Code)
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)
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)
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)
