LABOR LAW I. Linda was employed by Sectarian University (SU) to cook for the members of a religious order who teach and live inside the campus. While performing her assigned task, Linda accidentally burned herself. Because of the extent of her injuries, she went on medical leave. Meanwhile, SU engaged a replacement cook.… Read More 2014 Bar Exam Suggested Answers in Labor Law by the UP Law Complex
PART I TRUE OR FALSE. Explain your answer briefly. Deeds of release, waivers and quitclaims are always valid and binding. (2%) SUGGESTED ANSWER: FALSE. Deeds of release, waivers and quitclaims are not always valid and binding. An agreement is valid and binding only if : (a) the parties understand the terms and conditions of… Read More Bar Exam 2010 Suggested Answers in Labor and Social Legislation by the UP Law Center
FACTS: Four informations were filed alleging that Serapio Abug, “without first securing a license from the Ministry of Labor as a holder of authority to operate a fee-charging employment agency, did then and there wilfully, unlawfully and criminally operate a private fee charging employment agency by charging fees and expenses (from) and promising employment in… Read More PEOPLE v. PANIS G.R. Nos. L-58674-77 July 11, 1990 Illegal Recruitment
FACTS: Josefina Echin was hired by petitioner ATCI Overseas Corporation in behalf of its principal-co-petitioner, the Ministry of Public Health of Kuwait, for the position of medical technologist under a two-year contract, denominated as a MOA. Under the MOA, all newly-hired employees undergo a probationary period of one year. Respondent was deployed on February 17, 2000… Read More ATCI v. Echin October 11, 2010 G.R. No. 178551 Liability of the principal/employer and the recruitment/placement agency, Probationary employment
FACTS: Siete was employed on May 22, 1985, as Master of M/V Houda G by Sultan Shipping Co., Ltd., through its crewing agent, herein petitioner. He boarded the vessel on May 24, 1985, at Cyprus. From there, it sailed to El Ferrol, Spain, where it loaded cargo that it subsequently discharged at Tripoli, Lebanon. It… Read More Hellenic Philippine Shipping v. Siete G.R. No. 84082 March 13, 1991 Illegal Dismissal, Managerial Employees
FACTS: A manpower audit conducted by respondent Philex revealed that 241 of its employees were redundant. Thus, Philex undertook a retrenchment program that resulted in the termination of petitioners’ employment. Consequently, petitioners filed a case for illegal dismissal against respondent. The case was submitted for arbitration through the NCMB. The Voluntary Arbitrator ordered the reinstatement… Read More ABALOS vs. PHILEX MINING CORPORATION G.R. No. 140374 November 27, 2002 Doctrine of “strained relations”, Finality of Judgment
FACTS: Respondent Cherry Lim works as an administrative clerk at MERALCO. The HR directed the transfer of respondent to MERALCOs Alabang Sector in Muntinlupa due to reports that there were accusations and threats directed against her from unknown individuals, which could possibly compromise her safety and security. Lim appealed her transfer and requested for a… Read More MERALCO vs Lim G.R. No. 184769 Writ of Habeas Data
FACTS: Astorga was employed by Smart as District Sales Manager of the Corporate Sales Marketing Group/ Fixed Services Division. SMART launched an organizational realignment to achieve more efficient operations. Part of the reorganization was the outsourcing of the marketing and sales force. Thus, SMART formed SMART-NTT Multimedia, Incorporated (SNMI). Since SNMI was formed to do… Read More SMART COMMUNICATIONS, INC. vs. ASTORGA G.R. No. 148132 January 28, 2008 Redundancy, authorised causes for dismissal, Article 283, One month Notice, Backwages
FACTS: Petitioner Club Filipino, Inc. (the company) is a non-stock, non profit corporation duly formed, organized and existing under Philippine laws. Respondents on the other hand, were former officers and members of the Club Filipino Employees Association (the union). The union and the company had a collective bargaining agreement. Prior to the expiration… Read More CLUB FILIPINO, INC. vs. Bautista July 13, 2009 G.R. No. 168406 Strike
FACTS: Respondent Tolentino was employed in petitioner PLDT for 23 years. He started in 1972 as an installer/helper and, at the time of his termination in 1995, was the division manager of the Project Support Division, Provincial Expansion Center, Meet Demand Group. His division was in charge of the evaluation, recommendation and review of documents… Read More PLDT v. TOLENTINO G.R. No. 143171 September 21, 2004 Managerial Employee, Security of tenure, Reinstatement, Substantial evidence