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Guidelines in the Implementation of the Department of Migrant Workers’Agarang Kalinga at Saklolo para sa mga OFW (AKSYON) Fund (DMW Department Order No. 04, s. 2023)

Agarang Kalinga at Saklolo para sa mga OFWs na Nangangailangan (AKSYON) Fund, to the fund created under Section 14 of Republic Act No. 11641 (Department of Migrant Workers Act) to provide legal, medical, financial, and other forms of assistance to Overseas Filipino Workers including repatriation, shipment of remains, evacuation, rescue, and any other analogous help or intervention to protect the rights of Filipino nationals. (Section 3, par. a, R.A. No. 11641)

Reason Behind the Grant for Gynecological Leave

The special leave benefit is granted to support the female employee so as to give her further means to afford her needs, may it be gynecological, physical, or psychological, for a holistic recuperation. The recovery period may be a trying time that she needs much assistance and compassion to regain her overall wellness.

(House of Representatives Electoral Tribunal v. Daisy Panga-Vega, G.R. No. 228236, January 27, 2021)

Life Insurance and other Non-Life Insurance Policies

Life insurance refers to the insurance on human lives and insurance appertaining thereto or connected therewith. (Section 181, Insurance Code)

All other classes of insurance are considered non-life insurance. Non-life insurance, otherwise called general insurance, include property insurance, casualty insurance, compulsory insurance and microinsurance.

Ensuring Due Process: What Should the Second Written Notice Contain?

The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)

Ensuring Due Process: What Should the First Written Notice Contain?

The employer must furnish the employee with two written notices before the termination of employment can be effected: (1) the first apprises the employee of the particular acts or omissions for which his dismissal is sought; and (2) the second informs the employee of the employer’s decision to dismiss him. (Foodbev International vs. Noli Ferrer, G.R. No. 206795, September 16, 2019)

NATURE OF A LITIGATION FINANCING ARRANGEMENTS

The case of RODCO Consultancy and Maritime Services Corporation v. Floserfino G. Ross and Antonia T. Ross (G.R. No. 259832, November 6, 2023) Photo from Unsplash | Medienstürmer The following post does not create a lawyer-client relationship between Alburo Alburo and Associates Law Offices (or any of its lawyers) and the reader. It is still Read more about NATURE OF A LITIGATION FINANCING ARRANGEMENTS[…]

An employee’s act of making a false statement as to the reason for absence is NOT sufficient cause for termination.

An employer may terminate an employment for fraud and willful breach of trust. (Article 297, Labor Code)

An employee’s information regarding his whereabouts on the day he was on sick leave is not fraud and does not constitute a serious offense meriting the extreme penalty of dismissal. (HSBC v. NLRC and Emmanuel Meneses, G.R. No. 116542)

What are the two classes of corporate positions of trust?

There are two classes of corporate positions of trust:

(1) The managerial employees whose primary duty consists of the management of the establishment in which they are employed or of a department or a subdivision thereof, and other officers or members of the managerial staff; and,

(2) The fiduciary rank-and-file employees, such as cashiers, auditors, property custodians, or those who, in the normal exercise of their functions, regularly handle significant amounts of money or property. These employees, though rank-and-file, are routinely charged with the care and custody of the employer’s money or property, and are thus classified as occupying positions of trust and confidence. (P.J. Lhuillier, Inc. vs. Velayo, G.R. No. 198620, November 12, 2014)