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Showing 49–72 of 128 articles for “labor code”

Optional Retirement Requires Employee's Explicit Consent: A Guide to Article 302 of the Labor Code

The Supreme Court clarifies that optional retirement before age 65 requires the employee's explicit, voluntary consent; otherwise, it is illegal dismissal.

Perfecting Appeals: The Strict Requirements for Employers in Labor Disputes

Employers must strictly comply with appeal bond and deadline rules under Article 223 of the Labor Code or risk losing their appeal entirely.

Seafarers' Rights: Defining Total and Permanent Disability in Maritime Contracts

Philippine Supreme Court clarifies when a seafarer's partial disability becomes total and permanent under the POEA-SEC and Labor Code.

When Apology and Self-Incrimination Collide: Defining Willful Disobedience in Labor Disputes

The Supreme Court clarifies when an employee's refusal to apologize is not willful disobedience justifying dismissal under the Labor Code.

When Workplace Misconduct Justifies Dismissal: The Imasen Ruling on Serious Misconduct

The Supreme Court clarifies when sexual acts inside company premises constitute serious misconduct justifying dismissal under the Labor Code.

Breach of Trust as Just Cause for Termination: Protecting Employer Confidence

When an employee's dishonesty erodes the employer's trust, dismissal may be justified under Article 282 of the Labor Code.

Grade Tampering as Serious Misconduct: Lessons from the Letran Teacher Dismissal Case

When a teacher altered student grades, the Supreme Court ruled it was serious misconduct justifying dismissal under the Labor Code.

Non-Diminution of Benefits: When Employer Practices Become Enforceable Rights

Philippine Supreme Court ruling on non-diminution of benefits—when employer practices ripen into enforceable rights under the Labor Code.

Inefficiency VS Neglect Charting THE Boundaries OF Just Cause Termination IN THE Philippines

Philippine Supreme Court clarifies the distinction between inefficiency and neglect as valid grounds for terminating employment under the Labor Code.

Breach of Trust vs Due Process: When Dismissed Employees Get Separation Pay in the Philippines

Philippine Supreme Court clarifies when validly dismissed employees may receive separation pay, distinguishing just causes under Article 282 of the Labor Code.

Retirement vs. Separation Pay: The Age Rule in Philippine Labor Law

Philippine Supreme Court clarifies when an employee can claim retirement benefits and when separation pay applies under the Labor Code.

Retirement Benefits CBA vs Labor Code: Pilot Entitlements Under Philippine Law

Philippine Supreme Court clarifies when CBA retirement benefits prevail over Labor Code Article 287, using a PAL pilot's case as guide.

Employee Theft and Termination: Defining Analogous Serious Misconduct in Philippine Labor Law

When does stealing a co-worker's property justify dismissal? The Supreme Court clarifies under Article 282 of the Labor Code.

Employer's Duty of Care: When Is a Philippine Company Liable for an Employee's Illness?

Philippine Supreme Court clarifies employer liability for employee illness under Article 161 of the Labor Code in Ocean Builders v. Cubacub.

When Refusing a Boss's Order Is Not Willful Disobedience: Lores Realty v. Pacia

Supreme Court clarifies what constitutes willful disobedience under Article 282 of the Labor Code and when an employee's refusal is justified.

Indirect Employers' Solidary Liability: Protecting Workers' Monetary Claims Under the Labor Code

Explaining the Supreme Court ruling on indirect employers' solidary liability for workers' wages, 13th month pay, and other monetary benefits.

Can a Bank Lower the Retirement Age? Lessons from Obusan v. PNB

The Supreme Court explains when a company retirement plan can set a lower compulsory retirement age than the Labor Code's 65-year default.

Prescription of Seafarer Claims: Labor Code Prevails Over Standard Employment Contract

Supreme Court rules 3-year Labor Code prescription governs seafarer money claims, but death benefits require death during contract effectivity.

Safeguarding Employee Rights: The Imperative of Due Process in Termination Cases

Philippine Supreme Court ruling on Genesis Transport clarifies preventive suspension limits, valid dismissal, and illegal wage deductions under the Labor Code.

Retrenchment Proving Business Losses To Justify Employee Termination Under Philippine Law

Philippine Supreme Court clarifies the stringent standards employers must meet to validly retrench employees under Article 283 of the Labor Code.

Sleeping on the Job: When Serious Misconduct Justifies Termination in the Philippines

Philippine Supreme Court ruling on when sleeping during work hours constitutes serious misconduct justifying termination under the Labor Code.

When Heated Words Lead to Illegal Strikes: Balancing Free Speech and Order in Labor Disputes

Philippine Supreme Court ruling on gross negligence, serious misconduct, and due process in employee dismissal cases under the Labor Code.

Independent Contractor vs Employee: Employer Obligations for Medical Staff

Philippine Supreme Court clarifies when nurses are independent contractors versus employees under Article 157 of the Labor Code.

Regular Employee Status, Security of Tenure, and Retirement Rights Under Philippine Labor Law

SC ruling on regular employment, illegal dismissal, and retirement rights under Article 302 of the Labor Code.