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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)
An employer may terminate an employment for gross and habitual neglect by the employee of his duties. (Article 297, Labor Code)
Gross neglect is defined as the absence of that diligence that an ordinary prudent man would use in his/her own affairs. (Section 4, par. j, Rule I-A, DOLE D.O. No. 147-15)
Habitual neglect refers to the repeated failure to perform one’s duties over a period of time, depending upon the circumstances. (Section 4, par. k, Rule I-A, DOLE D.O. No. 147-15)
Any employee may be required by the employer to perform overtime work when there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature. (Article 89 (c), Labor Code of the Philippines)
