Facebook Rants of Employees: When Considered as Ground for Just Cause of Dismissal from Employment

There is no doubt that we are now in an era of technological advancement, and as the world strive to adapt to these changes and embark on the age of social media, Filipinos are very quick to ride to such changes. In fact, we have been once called the social media capital of the world, with every study on the matter ranking the Philippines as among the top countries spending the most hours on social media platforms (Literacy in the age of social media, Philippine Information Agency, Published on October 10, 2018, Philippine Information Agency Official Website, Last Accessed: August 05, 2019). These social media platforms are now being used by people all over the world to express their positive and negative feelings toward their everyday life experiences. Aside from this, expressions may now be showcased through posting, sharing or liking of social media posts.

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“Anything Under the Sun” Ground for Termination of Employment

Our existing Labor Laws specified eight (8) just causes for termination of employment. Amongst the grounds expressly provided therefor are “other analogous causes” under paragraph (e) of Article 297. One of the essential requirements in order for the Supreme Court to accept the ground under “other analogous cases” is that the cause must be similar to any of the following:

1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work;
2. Gross and habitual neglect by the employee of his duties;
3. Fraud or willful breach by the employee of trust reposed in him by his employer or duly authorized representative; and
4. Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representative;

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Distinguishing Contract of Sale from Contract to Sell

The New Civil Code of the Philippines defines a contract of sale as a contract whereby one of the contracting parties obligates himself to transfer the ownership of and to deliver a determinate thing, and the other to pay therefor a price certain in money or its equivalent. In view of the said definition, Contract of Sale, by its very nature, is a consensual contract because it is perfected by mere consent. The essential elements of a contract of sale are the following:

1. Consent or meeting of the minds, that is, consent to transfer ownership in exchange for the price;
2. Determinate subject matter; and
3. Price certain in money or its equivalent.

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Wages vs. Salary

According to some accounting articles, the difference between salary and wages lies on the days or hours rendered by a person. The essential difference between salary and wages is that a salaried person is paid a fixed amount per pay period and a wage earner is paid by the hour (The difference between salary ang wages, December 09, 2018, Last Accessed: July 15, 2019). In our jurisdiction, is knowing the difference between Wages and Salary very important? This article seeks to provide its readers the generally accepted difference between wage and salary and the laws and jurisprudence in our legal system regarding wages and salaries.

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