When may the award of backwages be deleted?
Considering that there were valid and substantive grounds to terminate employee’s employment, the award of backwages and separation pay is deleted. However, employer’s violation of employee’s right to statutory procedural due process warrants the payment of indemnity in the form of nominal damages.
When may an employee be entitled to Service Incentive Leave Pay?
Article 95 of the Labor Code states that every employee who has rendered at least one year of service shall be entitled to a yearly Service Incentive Leave Pay (SIL) of five days with pay.
Bajaro vs. Metro Stonerich Corp.,G.R. No. 227982, April 23, 2018, [862 SCRA 451]
What must be shown by the employer before resorting to retrenchment as a ground for termination of employment?
An employer must first show that the retrenchment is reasonably necessary and likely to prevent business losses which, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or if only expected, are reasonably imminent as perceived objectively and in good faith by the employer.
La Consolacion College of Manila vs. Pascua, G.R. No. 214744, March 14, 2018 , [859 SCRA 111]
Should company retirement plans be accepted by the employees first?
Company retirement plans must not only comply with the standards set by existing labor laws, but they should also be accepted by the employees to be commensurate to their faithful service to the employer within the requisite period.
Manila Hotel Corporation vs. De Leon, G.R. No. 219774, July 23, 2018, [872 SCRA 504]
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