Can an employer impose a lower retirement age?
The employer may impose a lower retirement age, as long as this is indicated in a collective bargaining agreement, or in any other applicable contract or plan, and agreed by the employee.
Laya, Jr., vs. Philippine Veterans Bank, G.R. No. 205813, January 10, 2018, [850 SCRA 315]
Is preventive suspension allowed by law?
Preventive suspension is a measure allowed by law and afforded to the employer if an employee’s continued employment poses a serious and imminent threat to the employer’s life or property or of his co-workers.
Mamaril vs. The Red System Company, Inc., G.R. No. 229920, July 04, 2018, [871 SCRA 81]
How long should an employee be temporarily laid off?
The temporary lay-off wherein the employees cease to work should not exceed 6 months, in consonance with Article 301 of the Labor Code. After 6 months, the employees should either be recalled to work or permanently retrenched following the requirements of the law. Otherwise, the employees are considered as constructively dismissed from work and the agency can be held liable for such dismissal.
Superior Maintenance Services, Inc. vs. Bermeo, G.R. No. 203185,December 05, 2018, [888 SCRA 314]
When can a resignation be construed as constructive dismissal?
Resignation may be construed as constructive dismissal when it is involuntary.
It is resorted to when continued employment is rendered impossible, unreasonable or unlikely; or when there is a demotion in rank and/or a diminution in pay.
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