ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

contact

MON-SAT 8:30AM-5:30PM

The Supreme Court decides: The extent of protection granted to patent holders is limited to the claims of their patent.

The importance of patents as a tool for national development and economic advancement cannot be overemphasized. They ensure the flow of knowledge and information by encouraging inventors to disclose their discoveries to the public. In exchange, inventors are given market exclusivity or the right to exclude others from making, using, offering for sale, selling, or importing a patented product or product obtained from a patented process. However, like any other intellectual property right, the exercise of this right is not without limitations. The extent of protection granted to patent holders is limited to the claims of their patent.

Policy against Discrimination on Account of Cancer in the Workplace

The Department of Labor and Employment (DOLE), Civil Service Commission, and Technical Education and Skills Development Authority, in coordination with the DOH, shall develop policies and provide technical guidance to employers, employees associations, and unions to develop programs, initiatives or mechanisms that shall minimize or eliminate stigma and discrimination in the workplace that is experienced by people living with cancer, cancer survivors, and their families. (Section 18, National Integrated Cancer Control Act)

Termination of Employment due to Tardiness

Gross and habitual neglect by the employee of his duties is a just cause for termination of employment. (Article 297, Labor Code)

Habitual tardiness is a serious offense that may very well constitute gross or habitual neglect of duty. (Systems and Plan Integrator and Development Corporation, v. Michelle Elvi C. Ballesteros, G.R. No. 217119, April 25, 2022)

What are contracts of fixed-term employment?

A fixed-term employment has been recognized as a type of employment embodied in a contract specifying that the services of the employee shall be engaged only for a definite period, the termination of which occurs upon the expiration of said period irrespective of the existence of just cause and regardless of the activity the employee is called upon to perform. (Allan Regala vs. Manila Hotel Corporation, G.R. No. 204684, October 5, 2020)

What is the Reasonable Causal Connection Rule?

A money claim by a worker against the employer or vice-versa is within the exclusive jurisdiction of the labor arbiter only if there is a “reasonable causal connection” between the claim asserted and employee-employer relations. Only if there is such a connection with the other claims can the claim for damages be considered as arising from employer-employee relations. Absent such a link, the complaint will be cognizable by the regular courts. (Philippine Airlines, Inc. vs. Airline Pilots Association, G.R. No. 200088, February 26, 2018)

Designated Smoking and Non-Smoking Areas in the Workplace (Section 6, Republic Act No. 9211)

In all enclosed places that are open to the general public, private workplaces and other places not covered under the preceding section, where smoking may expose a person other than the smoker to tobacco smoke, the owner, proprietor, operator, possessor, manager or administrator of such places shall establish smoking and non-smoking areas. Such areas may include a designated smoking area within the building, which may be in an open space or separate area with proper ventilation, but shall not be located within the same room that has been designated as a non-smoking area.

Workplace Policy against Discrimination on account of Hepatitis

There shall be no discrimination of any form against workers on the basis of Hepatitis B status consistent with international agreements on non-discrimination ratified by the Philippines (ILO C111).

Workers shall not be discriminated against, from pre- to post-employment, including hiring, promotion or assignment, because of their Hepatitis B status.

(Source: Rule III, Section C, par. 1 (a), DOLE Department Advisory No. 05, Series of 2010)