02/14/2017

Q: "security of tenure" in labor law?

A: no termination of employment without valid ground/cause(substantive) and valid procedure
(procedural)

Q: valid ground?
A: just cause and authorized cause

Q: valid procedure?
A: notice and opportunity to be heard

Q: constitutional provision on security of tenure?

A: sec. 3, Art. XIII and sec. 1, Art. III (due process)

Q: what is labor equated with in the constitution

A: "property" (no one should be deprived xx of of life liberty and "property")

Q: why is due process required

A: because labor is equated as property (constitutional guarantee) (protection of life, liberty, and
property)

Q: management prerogative/s involved with employment termination?

A: the right to dismiss, right to control: under all circumstances because the right to dismiss is a
consequence of the employers right to control the business.

Q: employment status required by law?

A: (a) regular, casual, probationary, project, seasonal

Q: relevance of classification?
A: to determine the extent of their right to security of tenure

Q: extent of security of tenure dependent on classification of employees?

A: yes. Depends on type of employment, security of tenure is available to all kinds of employees during
the effectivity of their employment.

Q: end of season (for seasonal employees)

A: generally, a valid ground

Q: just cause
A: attributable to the employees own act, or misconduct of the employee, or as enumerated under the
law, under art. 282 (297)

Q: authorized cause
A: enumerated under art. 283 (298)

Q: required due process

A: procedural: the twin requirements of notice and hearing. The eee must first be given notice and an
opportunity to be heard

The first notice will contain. Notice to explain (NTE)

(1) Acts committed. Specific grounds for termination.
(2) Detailed narration of the facts, violations of the regulations to which the act committed amount., (3)
Directive that eee is given opportunity to be heard in a hearing for him to explain w/in a reasonable
period of time, why he should not be terminated,
(4) if eee fails to satisfactorily explain himself, a warning that he will be dismissed or terminated
2nd notice. Notice to dismiss (NTD)
(1) the statements/findings of the eer after considering the answer or evidence given, that indeed the
acts has been committed
(2) The decision that he is dismissed (?)

Make - up class sundate with atty. arroyo 02/19/2017

Q: the difference lies not in the existence of right but in the extent of the right and the nature of
employment.
A: grounds for termination
(1) grounds based on employment status
(2) Grounds based on authorized causes- 284,285(termination by employee), 287(retirement)
(3) Grounds based on just causes - 283

Q: status of employment and extent of security of tenure

A:
(1) Regular Employment - 2 and 3 above
(2) project employment - any of the 3 valid grounds
(3) probationary employment - hired to determine whether an employee is fit for regular employment
(4) casual employment - eee's work is (merely incidental) who renders services not necessary to the
business of the employer.< 1 year, >= 1 year: regular employee
(5) seasonal employment - hired in a particular period of the year depending on the nature of the
business of the employer

Q: distinguish in terms of status and security of tenure

(1) seasonal eee - any of the 3 valid grounds

Q: distinguish just v. Authorized

(1) Different grounds
(2) Due process requirement - in just causes, eee has a right to explain/defend himself: the right to be
heard
(3) Reason for termination in just cause(imputable) is the acts/fault of the employee: in authorized
cause, eer has nothing to do with the acts committed by the eee.
(4) Consequences of dismissal: Separation pay - just cause - not entitled, authorized - entitled unless
the ground is closure of the business is due to financial losses.

Q: tangga-an case
A: The very life and support of the family depends on his employment

Q: right to terminate by the employer and the right to security of tenure by the employee
A: Sec. 1, Article III (protection of life, liberty and property)

Q: burden of proof
(A) on the employee - establish the fact of dismissal
(B) on the employer - that dismissal was valid

Q: if employee failed to prove that no notice of termination was sent to him, no dismissal?
A: notice not determinative of the fact of dismissal
I.e. Removal from payroll accompanied with not furnishing work to the employee by the employer

Q: when to file for illegal dismissal?

A: immediately, unless when there is specific provision in the CBA that requires a process including
dismissal but this must be resolved within 7 days

Q: until when can be filed?

A: 4 years from the time of separation (under the law)

Q: from when should the entitled 13th month pay, SIL, etc be?
A: from the time the eee was illegally dismissed up to the time he is reinstated, if such was the case, or
up to the time of the final judgement if there was no reinstatement. (See note below below)

In legal dismissal. Both should be complied with (valid ground and valid procedure)

Q: ground not provided for in the company RR and/or did not say that penalty will be dismissal. Can the
employee be terminated?
A: yes, provided the acts committed falls under the grounds provided for by the law. The grounds are
rights given of the employer. Any right granted if to be waived must be expressly waived.

GR: even if not included in the company rules and regulations, if it falls under any of the grounds
enumerated by the law, then it may still be a valid ground.
XPN: if the act committed is not so damaging because of the fact that the employee did not know
considering that it was not in the company policy (principle of commensurate penalty)

02/21/2017

Q: why is notice requirement not required in authorized grounds?

A: in just causes, the twin notices are NTE and NTD. Notice to explain in just causes is provided to give
the employee an opportunity to be heard or to explain. Because in just causes, the grounds are
imputable to the eee

Q: requisites to be considered a valid ground for authorized causes

A: for closure of business, no reason required to close. But to be a valid ground, (1) the closure must not
be for the purpose of circumventing any of the provisions of the labor code, (2) the closure must be real
(actual closure!)

Q: what are other grounds for authorized causes?

A: retrenchment, redundancy, installation of labor-saving devices, closure

Redundancy - stream-lining of the organizational requirements in terms of manpower in the

establishment. When the position or work performed is in excess of what is reasonably required by the
business.

Installation of labor-saving device

Requisite: there must actually be an equipment or machinery that resulted in the services rendered by
the employee being replaced by the machinery.

Retrenchment - termination of the employment to avoid losses either actual or prospective/projected.

Requisite: last in, first out

Disease - req.
(1) the employee is suffering from the disease;
(2) the disease of the employee is prejudicial to the health of the other employees, himself and to the
company
(3) the certification must be issued by a competent public health officer that the disease cannot be
cured within 6 months
*a ground for the employer to terminate the services of the employee.

Q: not reporting to work because of disease

A: analogous cause:

Q: requirement in validating the ground for dismissal

(1) the ground must exist, it must be real, must have really happened
(2) the ground falls under any of the grounds defined by law as valid ground for dismissal; is the reason
sufficient for the ground to fall under any of the ground specified by law.

Q: under just causes

(1) serious misconduct
(2) Willful disobedience
(3) Habitual neglect
(4) Gross neglect
(5) Fraud or loss of trust and confidence
(6) Commission of crime or offense
(7) Other Analogous cases

Q: illicit relationships
A: analogous cases, but it must be in the company rules and regulations

Q: can it be stricken out from the company policies?

A: no, because the relationship--the action itself is illegal, so the eer has the right to control it

Q: willful disobedience
(1) order is lawful
(2) Sufficiently known to the employee
(3) Intentionally disobeyed
(4) In connection with the function of the employee

Q: intentionally disobeyed
(1) despite knowing the order, still disobeyed
(2) No reason for disobedience

Q: when considered gross neglect?

(1) absence of reasonable diligence
(2) prejudice to the employer, substantial damage to the employer

Q: how often is habitual?

A: no specific period of time. This is measured in terms of damage suffered by the eer

Q: fraud or willful breach of confidence "lost of trust and confidence"

A: the eee position must be that which where trust is necessary, or elemental in that function. Example:
In charge of property, property custodian.

*If the sole ground is loss of trust and confidence, then the duty of the employee must be that where
trust is necessary.

Q: tailor took out 0.5 yard of cloth out of the tailorshop

A: serious misconduct

Q: commission of crime or offense

A: unjust vexation against employer, immediate family, his duly authorized representative

02.27.2017

Q: constructive dismissal
A: demotion is constructive dismissal because security of tenure doesnt mean only that the eee not be
removed from employment but that the eee may maintain or remain in the position he is curently
enjoying.
Diminution is constructive dismissal
Q: If the act of eee did not result to demotion or diminution of benefits, constructive dismissal?
A: yes, when an employee is transferred or reassigned to another place without valid ground

Q: valid ground for transfer?

A: any reason in pursuit of legitimate business interest

Q: constructive dismissal
A: happens when the eer without actually dismissing the eee commits an act that places the eee in a
situation where continued employment becomes unbearable and therefore impossible. An eee is not
actually terminated but continued employment becomes unbearable based on ordinary human
experiences.

Q: requisites:
(1) That the ground exists (just and authorized)
(2) Requirements to use that particular ground present or met

Q: not more than 10% attorney's fees is a matter of right in money claims
A: yes

Q: in illegal dismissal?
A: yes. Because illegal dismissal also includes recovery of unlawfully withheld wages

Q: can an attorney demand more than 10%

A: no, if action is solely for the recovery of wages, yes, if not solely for the recovery of wages.

Fees would depend on the sense of fairness of the attorney.

Q: suspension of operations that places eee in a "floating status" for more than 6 months, constructive
dismissal?
A: look into the valid ground and procedure first

Q: with valid ground, and suspension of more than 6 months

A: constructive dismissal, if with valid ground, legal if there exists valid procedure, (notice to the dole
and notice to the eee), otherwise, illegal constructive dismissal

Q: the eee who wants to terminate her services should have valid grounds
A: false. The eee may voluntarily terminate her employment even without a valid ground.

Q: eee resigns without the 30-day notice, allowed by law?

A: yes. Because of the constitutional guarantee on involuntary servitude, but there are consequences:
damages, for direct losses suffered by the eer, eer must prove that he suffered losses. The eee only
exercises his right under the constitution.

02/28/2017

Q: illegal dismissal, with reinstatement?

A: it depends on the cause of illegality

Q: termination is with valid ground

A: reinstatement is not a matter of right

Q: termination is with valid ground, but without valid procedure

A: reinstatement is still not a matter of right., nominal damages.

Q: what affects illegality

A: absence of a valid ground or valid procedure

Q: what're the differences

A: if w/out valid ground, reinstatement is a matter of right: if w/out valid procedure, nominal damages

Reinstatement is not applied if it will not be good to the parties or it will not anymore serve the purpose
of justice.
Not also a matter of right on the part of the eee to claim separation pay. You have to justify why you
are claiming only separation pay and not reinstatement.

Q: aside from reinstatement as a matter of right, what other consequences

A: eee is entitled to backwages

Backwages from the time of actual dismissal up to the actual reinstatement or reinstatement in the
payroll (if with reinstatement); or finality of judgment (all course of action available to the eer has
already been exhausted) or when it coincides with the time the eee reaches the age of compulsary
retirement whichever is shorter (if without retirement).

Q: If it coincides with the age of retirement, is the eee entitled to retirement pay?
A: illegal dismissal is as if the eee has not been dismissed, so the eee is entitled to all benefits and
entitlements he would have received if he have not been dismissed.

Q: in the case of OFWs, from and up to when is the computation of backwages?

A: Serrano doctrine: actual dismissal of the OFW until the expiration of the contract (unexpired portion)
of the employment contract.

03/01/2017 (edited most of the notes last meeting)

Q: reinstatement in payroll
A: there is no actual reinstatement of the eee(eee goes back to work), the eer for whatever reason (no
reason required) does not want the eee to go back to work, and instead, reinstates him in the payroll.

If reinstatement is ordered by the labor arbiter, it is immediately executory even if appealable.

Q: attorney's fees
A: This is available (10% of all monetary awards) if the eee is forced to sue/claim for his unpaid wages,
because illegal dismissal without valid ground is unlawful withholding of wages of the eee (tangga-an
case)

Q: how much backwages? In tangga-an case

A: < 1 year, unexpired portion. >1 year, 3 months for every unexpired portion

03.13.2017

Q: prescription period is provided for under the labor code

A: false. Provided for under the civil code art.1146. Not the labor code.

Q: monetary award that are consequences of illegal dismissal cases are not considered money claims.
A: true. Money claims is an action for money, not merely incidental to the case.

Q: limit to the backwages awarded?

A: none.
For claims already approved, you file the claim today (03.13.2017) for claims beginning (March 13, 2010)
the time wages has been withheld, action prescribed?
A: no. But you may only claim for wages 3 years back from 03.03.2017

Q: time for filing for just causes

A: see prescription

Q: retirement age
A: eee can choose to retire at 60'. At 65, the eee cannot be required to continue employment.
It cannot be subject to agreement.

Q: cba provide for a lower retirement age.

A: yes. It is considered an improvement.

Q: when would financial assistance be awarded by reason of compassionate justice or humanitarian

consideration.
A: the issue will crop up if the termination is valid. If the eee has served for so many years already, but
because of a grave offense committed (reflects in the moral character), the SC said that his length of
service with the company, no financial assistance by reason of compassionate justice.

Cases of long absences which are unauthorized absence that is long enough to prejudice the eee, it can
be considered for separation pay.

Compromise. The rule on waiver and quitclaim.

Gen, rule, these are frowned upon, presumption is that it was procured involuntarily. (Vitiated) unless it
is shown that there was dealing between the eee and eer at an equal footing and if the amount involved
is substantially equal to what the eee is entitled to.