When may an employee be entitled to an award of attorney’s fees?
In actions for recovery of wages or where an employee was forced to litigate and incur expenses to protect his/her right and interest, he/she is entitled to an award of attorney’s fees equivalent to 10% of the award.
In cases involving nonpayment of monetary claims of employees, who has the obligation to prove payment?
In cases involving non-payment of monetary claims of employees, the employer has the obligation of proving that the employees did receive their wages and benefits and that the same were paid in accordance with law.
Asentista vs. Jupp & Company, G.R. No. 229404,, January 24, 2018, [853 SCRA 205]
What is a wage?
It is the remuneration of earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other facilities customarily furnished by the employer to the employee.
Asentista vs. Jupp & Company, G.R. No. 229404, January 24, 2018, [853 SCRA 205]
When may a seasonal employment become regular employment?
Seasonal employment becomes regular seasonal employment when the employees are called to work from time to time. On the other hand, those who are employed only for a single season remain as seasonal employees.
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