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Lab Rel Notes Book Vi - Post Employment

The document provides notes on labor relations regarding termination of employment, security of tenure, authorized causes for termination, disease as a ground for termination, termination by employee, when employment is not deemed terminated, retirement from service, and penalties. Key points include: - Reinstatement refers to admitting an employee back to work with the same terms prevailing prior to dismissal. It presupposes no demotion, diminution of salary/benefits. - If reinstatement is no longer practicable, the employer must pay separation pay. Technicalities have no room in labor cases. - Closure of establishment and reduction of personnel are authorized causes for termination. Disease can also be grounds for termination. - The

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Lance Morillo
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656 views

Lab Rel Notes Book Vi - Post Employment

The document provides notes on labor relations regarding termination of employment, security of tenure, authorized causes for termination, disease as a ground for termination, termination by employee, when employment is not deemed terminated, retirement from service, and penalties. Key points include: - Reinstatement refers to admitting an employee back to work with the same terms prevailing prior to dismissal. It presupposes no demotion, diminution of salary/benefits. - If reinstatement is no longer practicable, the employer must pay separation pay. Technicalities have no room in labor cases. - Closure of establishment and reduction of personnel are authorized causes for termination. Disease can also be grounds for termination. - The

Uploaded by

Lance Morillo
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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LABOR RELATIONS NOTES

Morillo Notes

BOOK VI – POST EMPLOYMENT and/or diminution of salary, benefits and other


privileges. [Pfizer, Inc.vs. Velasco, GR no. 177467,
Mar. 9, 2011]
Title I – TERMINATION OF EMPLOYMENT
Q: What is the remedy if the position previously occupied,
COVERAGE by the illegally dismissed employee, no longer exist?
Art. 293 [278] A: The employer shall reinstate the employee to a
substantially equivalent position in terms of salary,
Q: What is the coverage of Termination of Employment? benefits, and other privileges, or payment of separation
A: It applies to all establishments or undertakings, whether pay if said reinstatement is no longer practicable.
operated for profit of not, including educational, [Pfizer, Inc.vs. Velasco, GR no. 177467, Mar. 9, 2011]
medical, charitable and religious institution and
organizations, in cases of regular employment. [Sec. 1, Q: What is the scope of viz-a-viz wages of reinstatement
Rule 1, Book VI, LCP-IRR] “without loss of seniority rights and other
privileges”?
Q: Who are exempted in the coverage? A: It means that the employee’s years of service is deemed
A: The government and its political subdivisions including continuous and never interrupted. Seniority rights refer
government-owned or controlled corporations with to the creditable years of service in the employment
original charters. [Sec. 1, Rule 1, Book VI, LCP-IRR] record of the illegally dismissed employee as if he never
ceased working for the employer. [Ampeloquio vs. Jaka
Distribution, GR no. 196936, July 2, 2014]
SECURITY OF TENURE
Art. 294 [279] Q: What are instances or reasons when reinstatement is
not longer applicable?
Q: What is the concept of Security of Tenure? A:
A: It is construed to mean that “the employer shall not 1. When reinstatement can no longer be effected in
terminate the services of an employee except for just view of the long passage of time (such as 22 years of
cause or when it is authorized” by the Labor Code. litigation) or because of the realities of the situation
[Phil. Geothermal, Inc. vs. NLRC, GR no. 82643-67, [Balaquezon vs. Zamora, GR no. L-467667, Apr. 1,
Aug. 30, 1990] 1980]; or
2. When it would be inimical to the employer’s interest
Q: Who are employees entitled to the right of security of [San Miguel Corp. vs. Deputy Minister of Labor, GR
tenure? no. 58927, Oct. 27, 1986]; or
A: It applies to all workers whether, rank-&-file, managerial, 3. When reinstatement is no longer be feasible [Hydro
regular, casual, probationary, seasonal, project, fixed Contractors vs. Pagalibuan, GR no. 62909, Oct. 27,
period, and other forms of employment. They enjoy the 1986]; or
protection of the right to security during their term of 4. When it will not serve the best interests of the
employment. [Rivera vs. Genesis Transport, GR no. parties involved [Century Textile Mills, Inc. vs.
215568, Aug. 03, 2015]. Likewise, Security of tenure NLRC, No. 77859, May 25, 1988]; or
applies also to employees, particularly OFW, who work 5. When the company would be prejudiced by the
in a different jurisdiction. [Industrial Personnel vs. De workers’ continued employment; or
Vera, GR no. 205703, Mar. 7, 2016]. 6. When it will not serve any prudent purpose as when
supervening facts have transpired which makes
Q: What are the reliefs to an illegally dismissed execution on that score unjust or inequitable
employees?
A: Q: What is the rule when the employee has failed to pray
1. Payment of Backwages; and for the relief of or claim reinstatement in his
2. Reinstatement or Payment of Separation Pay, when complaint?
reinstatement is no longer practicable or viable. A: He is still entitled to reinstatement by the employer, such
failure is merely a procedural lapse which cannot put to
Q: What is the concept of Reinstatement? naught a right which he is entitled under a substantive
A: It refers to the admission of an employee back to work law. Let it be noted that technicalities have no room in
prevailing prior to his dismissal. Furthermore, it labor cases. [General Baptist Bible College vs. NLRC,
presupposes that there shall be no demotion in rank GR no. 85534, Mar. 5, 1993]
LABOR RELATIONS NOTES 1
LABOR RELATIONS NOTES
Morillo Notes

Q: __
Q: What is the effect of failure to actually implement the A: __
reinstatement aspect of the decision?
A: Generally, the Labor Code provides that an order of
reinstatement of a dismissed or separated employee, CLOSURE OF ESTABLISHMENT
insofar as the reinstatement aspect is concern, shall be AND REDUCTION OF PERSONNEL
immediately executor, even pending appeal. The (AUTHORIZED CAUSES FOR TERMINATION)
obligation of the employer to the dismissed or Art. 298 [283)
separated employee, insofar as accrued backwages and
other benefits are concerned, continues to accumulate. Q: ___
[Triad Security Services vs. Ortega, GR no.160871, A: ___
Feb. 6, 2006]

Q: What is the jurisdiction of the Labor in terms of DISEASE AS GROUND FOR TERMINATION
awarding or ordering reinstatement? Art. 299 [284]
A: Under Art. 223 (now 229), par. 3 of the Labor Code, it
provides that “In any event, the decision of the Labor Q: __
Arbiter reinstating a dismissed or separated employee, A: ___
insofar as the reinstatement aspect is concerned, shall
immediately be executor, even pending appeal. The
employee shall either be admitted back to work under TERMINATION BY EMPLOYEE
the same terms or conditions prevailing prior to his Art. 300 [285]
dismissal or separation or, at the option of the
employer, merely reinstated in the payroll. The posting Q: ___
of a bond by the employer shall not stay the execution A: ___
for reinstatement provided herein.

Q: Is payroll reinstatement allowed under our law? WHEN EMPLOYMENT NOT DEEMED TERMINATED
A: YES, the law allows payroll reinstatement but only under Art. 301 [286]
the following instances:
a. In termination dispute; and Q: ___
b. In case the employer extend the 30 day preventive A: ___
suspension under Sec. 8-9 of DOLE Dept. Order no.
9, Series of 1997
Title II – RETIREMENT FROM THE SERVICE
Q: ___
RETIREMENT
Art. 302
REGULAR AND CASUAL EMPLOYMENT
Art. 295 [280]
Q: ___
A: ____
Q: __
A: __
PROBATIONARY EMPLOYEES
Art. 296 [281]
BOOK VII – TRANSITORY AND FINAL
PROVISIONS
Q: ___
A: ___ Title I – PENAL PROVISIONS AND LIABILITIES

PENALTIES
TERMINATION BY EMPLOYER Art. 303 [288]
(JUST CAUSES FOR TERMINATION)
Art. 297 [282] Q: ___

2 LABOR RELATIONS NOTES

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