What are retirement benefits?
Retirement benefits are a form of reward for an employee’s loyalty and service to an employer and are earned under existing laws, CBAs, employment contracts and company policies.
What is the effect if an employee was dismissed pursuant to a retirement provision that was not made known to him?
With the employee having been thus dismissed pursuant to the retirement provision that he had not knowingly and voluntarily agreed to, the employer was guilty of illegal dismissal as to him.
Laya, Jr. vs. Philippine Veterans Bank, G.R. No. 205813, January 10, 2018, [850 SCRA 315]
What is a Two-Notice Rule?
In terminating the employee, the employer is actually required to give the employee two notices: the first is the notice which apprises the employee of the particular acts or omissions for which his/her dismissal is being sought along with the opportunity for the employee to air his/her side, while the second is the subsequent notice of the employer’s decision to dismiss him/her.
Princess Talent Center Production, Inc. vs. Masagca, G.R. No. 191310, April 11, 2018, [860 SRA 602]
What is the difference between an illegal dismissal and a constructive dismissal?
Illegal dismissal is readily shown by the act of the employer in openly seeking the termination of an employee while constructive dismissal, being a dismissal in disguise, is not readily indicated by any similar act of the employer that would openly and expressly show its desire and intent to terminate the employment relationship.
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