Category Archives: Labor Law

Reinstatement: When is the doctrine of strained relation applicable?

Third, the refusal of the respondent to be re-admitted to work is in itself indicative of the existence of strained relations between him and the petitioner. In the case of Lagniton, Sr. v. National Labor Relations Commission,[20] the Court held … Continue reading

Posted in Labor Law, Question and Answers, Reinstatement, Strained Relation | Tagged | Leave a comment

How do you compute backwages when notice of reinstatement is ignored?

Employees who are illegally dismissed are entitled to full backwages, inclusive of allowances and other benefits or their monetary equivalent, computed from the time their actual compensation was withheld from them up to the time of their actual reinstatement. But … Continue reading

Posted in Backwages, Labor Law, Question and Answers | Tagged , , | Leave a comment

Whether NLRC has contempt power and whether the dismissal of a contempt charge is appealable?

On the first issue, we stress that under Article 218[22] of the Labor Code, the NLRC (and the labor arbiters) may hold any offending party in contempt, directly or indirectly, and impose appropriate penalties in accordance with law. The penalty … Continue reading

Posted in Contempt, Labor Law, Quasi-Judicial, Question and Answers, Remedial Law | Tagged | Leave a comment

Whichever way the public prosecutor disposes of a complaint, the finding does not bind the labor tribunal.

 In the first assignment of error, Lynvil contends that the filing of a criminal case before the Office of the Prosecutor is sufficient basis for a valid termination of employment based on serious misconduct and/or loss of trust and confidence … Continue reading

Posted in Labor Law | Tagged | Leave a comment

What damage can be demanded by the employee due to employer’s failure to follow the procedural requirement of two-notice rule?

Having found that respondents are regular employees who may be, however, dismissed for cause as we have so found in this case, there is a need to look into the procedural requirement of due process in Section 2, Rule XXIII, … Continue reading

Posted in Due Process, Labor Law, Torts and Damages | Tagged , , | Leave a comment

Nature of employment defined

The nature of employment is defined in the Labor Code, thus: Art. 280. Regular and casual employment. The provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed … Continue reading

Posted in Labor Law | Tagged , | Leave a comment

Employer’s right to discipline employees

On the third issue, we find that the penalty of dismissal handed out against Teng was indeed too harsh. We understand petitioners in asserting that a basketball organization is a “team-based” enterprise and that a harmonious working relationship among team … Continue reading

Posted in Employer, Labor Law | Tagged | Leave a comment