Labor Law Notes

May an employer terminate an employee on the ground of loss of trust and confidence? Yes. Article 282 of the Labor Code provides tha...

It shall be unlawful for an employer to require as a condition for employment that a person or an employee shall not join a labor organiz...

It shall be unlawful for an employer to contract out services or functions being performed by union members when such will interfere with...

It shall be unlawful for an employer to initiate, dominate, assist or otherwise interfere with the formation or administration of any lab...

● It shall be unlawful for an employer to dismiss, discharge, or otherwise prejudice or discriminate against an employee for having given...

● It shall be unlawful for an employer to pay negotiation or attorneys fees to the union or its officers or agents as part of the settle...

It shall be unlawful for an employer to violate a collective bargaining agreement.  (Art. 248, Labor Code) ●  As for the alleged ULP co...

May an employer temporarily withhold salary without the consent of the employee? Although management prerogative refers to the right...

What are management prerogatives?   ● Management prerogative refers to the right of an employer to regulate all aspects of employmen...

What is the principle of co-determination? (Bar 2007) ● The principle of co-determination is one which grants to the workers the rig...

●  Constructive dismissal exists where there is cessation of work, because 'continued employment is rendered impossible, unreasonabl...

●  Transfer of an employee from one area of operation to another is a management prerogative and is not constitutive of constructive dism...

Closure of business due to business losses   Closure of business is the reversal of fortune of the employer whereby there is a compl...

Can an employer close its business even if it is not suffering from business losses? ●  Yes. For any bona fide reason, an employer c...

Can an employee's disease be a ground for the termination of his employment? Yes. An employee’s disease can be a ground for the ...

What is the duty of the employer with regards to rest day? It shall be the duty of every employer, whether operating for profit or not,...

Art. 96. Service Charges .—All service charges collected by hotels, restaurants and similar establishments shall be distributed at the...

FACTS: Supervisors  and managers in petitioner company formed a union separate from that of the rank-and-file union, petitioned for cert...