Should all labor disputes be resolved in favor of labor?
All doubts in the implementation and interpretation of the provisions of this Code, including its implementing rules and regulations, shall be resolved in favor or labor.
Tag: Legal Articles
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The Supreme Court decides: An illegally dismissed employee is not required to return the wages he received during his reinstatement prior to the reversal of the labor arbiter’s decision.
An illegally dismissed employee is not required to return the wages he received during his reinstatement prior to the reversal of the labor arbiter’s decision.
The decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall immediately be executory, even pending appeal. The employee shall either be admitted back to work under the same terms and conditions prevailing prior to his dismissal or separation or, at the option of the employer, merely reinstated in the payroll. The posting of a bond by the employer shall not stay the execution for reinstatement. (Article 229, Labor Code)
What is the concept of Contributory Negligence?
When the plaintiff’s own negligence was the immediate and proximate cause of his injury, he cannot recover damages. But if his negligence was only contributory, the immediate and proximate cause of the injury being the defendant’s lack of due care, the plaintiff may recover damages, but the court shall mitigate the damages to be awarded. (Article 2179, Civil Code of the Philippines)
Common Carrier vs. Private Carrier
Much of the distinction between a “common or public carrier” and a “private or special carrier” lies in the character of the business, such that if the undertaking is an isolated transaction, not a part of the business or occupation, and the carrier does not hold itself out to carry the goods for the general public or to a limited clientele, although involving the carriage of goods for a fee, the person or corporation providing such service could very well be just a private carrier. (Philippine American General Insurance Company vs. PKS Shipping Company, G.R. No. 149038, April 9, 2003)
SUBSTANTIAL COMPLIANCE WITH THE FIRST-WRITTEN NOTICE
There is substantial compliance with the first-written notice as long as the primordial purpose of the notice to explain has been complied with. (Musahamat Workers Labor Union-1-ALU vs. Musahamat Farms, Inc., G.R. No. 240184, July 6, 2022)
Suspension and Preventive Suspension of an Erring Employee
Suspension is a disciplinary action resorted to by an employer by which an employee is prevented from going to work. Also called “lay off”, suspension is a step taken in employee discipline, as punishment for some major offenses.
Donation of Real Properties to a Corporation
Every corporation incorporated under the Revised Corporation Code has the power and capacity, among others, to receive real and personal property, subject to the limitations prescribed by law and the constitution. (Section 35, par. g, R.A. No. 11232)
PROCESS IN BUYING PROPERTY
It is an elementary principle of civil law that the owner of real property is entitled to the possession thereof as an attribute of his or her ownership. (Cecilia Javelosa vs. Ezequiel Tapus, G.R. No. 204361, July 4, 2018)
The Supreme Court decides: Surviving Spouse is entitled to SSS Pension even if the marriage was contracted after the spouse’s disability. (Belinda D.R. Dolera v. Social Security System, G.R. No. 253940, October 24, 2023)
The proviso “as of the date of disability” in Section 13-A (c) of the Social Security Law is unconstitutional as it violates the due process and equal protection of the Constitution. (Belinda D.R. Dolera v. Social Security System, G.R. No. 253940, October 24, 2023)
SAFE MOTHERHOOD WEEK: Workplace Policy against Discrimination against Working Mothers (Proclamation No. 200, s. 2002)
In recognition of the fundamental right to health and the importance of safeguarding the well-being of women, especially during pregnancy and motherhood, the Philippines observes Safe Motherhood Week annually. Proclaimed by Proclamation No. 200, s. 2002, the second week of May is dedicated to raising awareness about maternal health and advocating for policies that support the welfare of mothers and their children.