For purposes of prescription, within what periods from the time the cause of action accrued should the following cases be filed: (a) Money claims arising from employer-employee relations (1%) (b) Illegal dismissal (1%) (d) Offenses under the Labor Code (1%) (e) Illegal recruitment (1%) Suggested Answer: (a) Monetary claims have a 3-year prescription from accrual…
After due proceedings, the Labor Arbiter (LA) declared Mr. K to have been illegally dismissed by his former employer, AB, Inc. As a consequence, the LA directed ABC, Inc. to pay Mr. K separation pay in lieu of reinstatement as well as his full backwages. While ABC, Inc. accepted the finding of illegal dismissal, it…
Ms. T was caught in the act of stealing the company property of her employer. When Ms. T admitted to the commission of the said act to her manager, the latter advised her to just tender her resignation; otherwise, she would face an investigation which would likely lead to the termination of her employment and…
W Gas Corp. is engaged in the manufacture and distribution to the general public of various petroleum products. On January 1, 2010, W Gas Corp. entered into a Service Agreement with Q Manpower Co., whereby the latter undertook to provide utility workers for the maintenance of the former’s manufacturing plant. Although the workers were hired…
D, one of the sales representatives of OP, Inc., was receiving a basic pay of ₱50,000.00 a month, plus a 1% overriding commission on his actual sales transactions. In addition, beginning three (3) months ago, or in August 2019, D was able to receive a monthly gas and transportation allowance of ₱5,000.00 despite the lack…
Ms. F, a sales assistant, is one of the eight (8) workers regularly employed by ABC Convenience Store. She was required to report on December 25 and 30. Should ABC Convenience Store pay her holiday pay? Explain. (2.5%) Suggested Answer: No. Answer Under the Omnibus Rules Implementing the Labor Code, employees of retail and service…
Mrs. B, the personal cook in the household of X, filed a monetary claim against her employer, X, for denying her service incentive leave pay. X argued that Mrs. B did not avail of any service incentive leave at the end of her one (1) year of service and hence, not entitled to the said…
A, B, and C were hired as resident-doctors by MM Medical Center, Inc. In the course of their engagement, A, B, and C maintained specific work schedules as determined by the Medical Director. The hospital also monitored their work through supervisors who gave them specific instructions on how they should perform their respective tasks, including…
X is a member of the Social Security System (SSS). In 2015, he died without any spouse or children. Prior to the semester of his death, X had paid 36 monthly contributions. His mother, M, who had previously been receiving regular support from X, filed a claim for the latter’s death benefits. (a) Is M…
Define, explain or distinguish the following terms: (a) Just and authorized causes (2%) (b) Seasonal and project employees (2%) (c) Strikes and lockouts (2%) (d) Bona fide occupational qualifications (2%) (e) Grievance machinery (2%) Suggested Answer: (a) Just causes refer to grounds or causes under the Labor Code when an employer may validly terminate the…