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Showing 385–408 of 562 articles for “illegal dismissal”

Forced Resignation vs Illegal Dismissal: Protecting Workers' Right to Security of Tenure

A look at Lotte Phil. v. Dela Cruz on labor-only contracting, security of tenure, and the procedural rules on indispensable parties.

Due Process and Illegal Dismissal: Why Employers Bear the Burden of Proof in Termination Cases

Philippine Supreme Court clarifies procedural rules on indispensable parties in illegal dismissal cases and the employer's burden of proof.

When Contracting Turns Into Employment: Defining the True Employer

Learn how Philippine courts determine the real employer in contracting arrangements and what this means for liability in illegal dismissal cases.

Reinstatement vs. Separation Pay: Upholding the Rights of Illegally Dismissed Employees

Illegal dismissal entitles workers to reinstatement and full back wages. Separation pay is only an alternative when strained relations are proven.

Union Busting Disguised as Redundancy: Protecting Workers' Right to Organize

When can a company's "redundancy" program be struck down as illegal dismissal and unfair labor practice? The Supreme Court explains.

When Redundancy Becomes Illegal Dismissal: Lessons from Lopez Sugar Corporation

The Supreme Court clarifies when a redundancy program is a valid management prerogative and when it becomes an illegal dismissal.

Reinstatement Prevails: An Employee's Right to Their Former Position After Illegal Dismissal

Philippine Supreme Court affirms that illegally dismissed employees have a right to reinstatement to their former position, not just separation pay.

Danzas v. Daguman: When Retrenchment and Closure Are Used to Disguise Illegal Dismissal

The Supreme Court ruled that an employer claiming retrenchment or closure must prove it with audited financial statements — and that quitclaims signed on false premises do not bind workers.

Beyond Borders Protecting Overseas Workers From Illegal Dismissal

When can a sugar worker be considered a regular employee? The Supreme Court clarifies the rules on security of tenure in Hacienda Bino v. Cuenca.

Project Employees vs Regular Employees: Security of Tenure Under the Labor Code

When is a construction worker a project employee rather than a regular one? The Supreme Court clarifies the rules on tenure and illegal dismissal.

Employer-Employee Relationship: The Foundation of Illegal Dismissal Liability

Why labor tribunals must establish employer-employee relationship before ruling on illegal dismissal, and the consequences of failing to do so.

Voluntary Resignation vs Illegal Dismissal: Protecting Seafarer Rights in Philippine Labor Law

When is a seafarer's sign-off voluntary resignation or illegal dismissal? The Supreme Court clarifies the rules on termination and due process.

Illegal Dismissal: Full Backwages Despite Procedural Lapses

Learn how the Supreme Court ruled that illegally dismissed employees are entitled to full backwages even without perfect procedural compliance.

Voluntary Resignation vs Illegal Dismissal: When a Resignation Letter Holds Up in Court

Philippine Supreme Court clarifies when a resignation is truly voluntary and not illegal dismissal, protecting employers who accept resignations in good faith.

Illegal Dismissal: Abandonment Requires Intent to Sever Employment Ties

Philippine Supreme Court clarifies that abandonment as a ground for dismissal requires both absence and clear intent to sever employment ties.

When Economic Hardship Doesnt Justify Termination: Separation Pay Rights

Philippine Supreme Court ruling on illegal dismissal, separation pay, and backwages when economic hardship is not a valid cause for termination.

Procedural Lapses and Labor Rights: Understanding the Correct Appeal Process in Illegal Dismissal Cases

Learn how procedural errors in illegal dismissal cases affect appeals, based on Philippine Supreme Court rulings on judicial remedies.

Burden of Proof in Illegal Dismissal: Employers Must Substantiate Theft Allegations

In illegal dismissal cases, employers bear the burden of proving just cause with clear and convincing evidence, not relying on weak employee defenses.

Illegal Dismissal and Retirement Age: When Expiring Contracts Mask Unlawful Termination

Supreme Court clarifies when a "contract expiration" is really illegal dismissal, and why early retirement requires an employee's explicit consent.

Security of Tenure When School Policies Lead to Illegal Dismissal

Philippine Supreme Court ruling on constructive dismissal of a permanent teacher due to discriminatory school policies and security of tenure violations.

Abandonment vs Illegal Dismissal: Employee Rights and Separation Pay

When does failure to report for work become abandonment, not illegal dismissal? A Supreme Court ruling explains the difference.

Fixed-Term Seafarers' Contracts: Illegal Dismissal and Compensation Standards

Philippine Supreme Court clarifies that seafarers are contractual employees governed by POEA contracts, not regular employees under the Labor Code.

Illegal Dismissal and Employer-Employee Relationship in Philippine Labor Law

Learn how the Supreme Court protects employee rights in illegal dismissal cases, including the employer-employee relationship test and due process requirements.

Illegal Dismissal and Abandonment: What Employers Must Prove in Philippine Labor Cases

Philippine Supreme Court clarifies abandonment and due process requirements in illegal dismissal cases, protecting employee rights under the Labor Code.