FACTS: On January 23, 1993, private respondent Carlos Nietes filed a complaint against Philippine Transmarine Carriers Inc. (PTC) for payment of disability benefit, sickness wages, refund of medical expenses and attorney’s fees. Pioneer Insurance and Surety Corp. was impleaded as surety of respondent PTC. Nietes alleged that he was a licensed Captain and/or Master Mariner,… Read More Philippine Transmarine Corp. v. NLRC G.R. No. 123891      February 28, 2001 Permanent Total Disability

The basic policy of labor laws in the Philippines is found in Article 3 of the Labor Code to wit: ART. 3. Declaration of basic policy. – The State shall afford protection to labor, promote full employment, ensure equal work opportunities regardless of sex, race or creed and regulate the relations between workers and employers.… Read More Pointers in Labor Law

FACTS: Petitioner union filed before the DOLE a for Certification Election among the supervisors and exempt employees of the SMC Magnolia Poultry Products Plants of Cabuyao, San Fernando and Otis. On December 19, 1990, Med-Arbiter Danilo L. Reynante issued an Order to conduct a certification election among the supervisors and exempt employees of the SMC… Read More San Miguel Corporation Supervisors and Exempt Union v. Laguesma G.R. No. 110399 August 15, 1997 Appropriate Bargaining Unit, Confidential Employees, Mutuality of Interests Doctrine

FACTS: Petitioners are workers who have been employed at the San Miguel Parola Glass Factory since 1961, averaging about seven (7) years of service at the time of their termination.  They worked as “cargadores” or “pahinante” at the SMC Plant loading, unloading, piling or palleting empty bottles and wooden shells to and from company trucks… Read More “Brotherhood” Labor Unity Movement of the Philippines (BLUM) v. Zamora G.R. No. L-48645 January 7, 1987 Labor Contracting, Employer-Employee Relationship

FACTS: Petitioner is a recruitment and placement agency. Respondent Joy Cabiles signed a one-year employment contract  as quality control of Taiwan Wacoal for one year for a monthly salary of NT$15,360.00. WhenJoy was deployed in Taiwan, she was asked to work as a cutter.          Sameer claims that a certain Mr. Huwang from Wacoal informed Joy,… Read More SAMEER OVERSEAS PLACEMENT AGENCY INC. v. CABILES, G.R. No. 170139, August 5, 2014 J. Leonen Illegal Dismissal of Migrant Worker, R.A. No. 8042, R.A. No. 10022

FACTS: An Information was filed against appellant Teresita “Tessie” Laogo and a certain Susan Navarro, charging them of the crime of Illegal Recruitment (Large Scale). Navarro met the complainants in a town fiesta, and invited them into her house where she introduced them to appellant. Navarro told the complainants that she would be able to… Read More People v. Teresita “Tessie” Laogo G.R. No. 176264 January 10, 2011 Illegal Recruitment

Independent contract relationship –– Jurisprudence instructs that the existence of an independent contract relationship may be indicated by several factors, viz.: such as, but not necessarily confined to, whether the contractor was carrying on an independent business; the nature and extent of the work; the skill required; the term and duration of the relationship; the… Read More Recent Rulings on LABOR CODE Independent Contract Relationship, Management Prerogative, Union Security, Retirement Plan, Job Contracting, Security of Tenure

FACTS: Bernabe Baya filed a complaint for illegal/constructive dismissal against AMSFC and DFC before the NLRC.  Baya alleged that he had been employed by AMSFC since February 5, 1985, and from then on, worked his way to a supervisory rank on September 1, 1997. As a supervisor, Baya joined the union of supervisors, and eventually,… Read More SUMIFRU v. Baya G.R. No. 188269 April 17, 2017 Labor Dispute, Constructive Dismissal, Doctrine of Strained Relations

FACTS: Petitioner Paul Santiago had been working as a seafarer for Smith Bell Management, Inc. (respondent) for about five (5) years.  On 3 February 1998, petitioner signed a new contract of employment with respondent, with the duration of nine (9) months. He was assured of a monthly salary of US$515.00, overtime pay and other benefits. … Read More Santiago v. CF SHARP CREW MANAGEMENT, INC. G.R. No. 162419 July 10, 2007 Jurisdiction of the Labor Arbiter, Breach of Employment Contract, Employment Contract of Seafarers, POEA Standard Contract