Documenti di Didattica
Documenti di Professioni
Documenti di Cultura
Labadan vs. Forest Hills While in cases of illegal dismissal, the employer
bears the burden of proving that the dismissal is
Academy for a valid or authorized cause, the employee must
first establish by substantial evidence the fact of
dismissal.—While in cases of illegal dismissal, the
employer bears the burden of proving that the
dismissal is for a valid or authorized cause, the
employee must first establish by substantial
evidence the fact of dismissal.
C.F. Sharp Crew Management, It is the lack of the necessary license or authority,
not the fact of payment, that renders the
Inc. vs. Espanol, Jr., recruitment activity of LCL unlawful.
Santiago vs. CF Sharp Crew A distinction must be made between the perfection
of the employment contract and the
Management, Inc. commencement of the employer-employee
relationship. The perfection of the contract, which
in this case coincided with the date of execution
thereof, occurred when petitioner and respondent
agreed on the object and the cause, as well as the
rest of the terms and conditions therein. The
commencement of the employer employee
relationship, as earlier discussed, would have
taken place had petitioner been actually deployed
from the point of hire.
De Jesus vs. National Labor The rule is that an ailment contracted by a worker
even prior to his employment, does not detract
Relations Commission from the compensability of the disease.
Prieto vs. National Labor The factual findings of administrative bodies are
as a rule binding on this Court, but this is true
Relations Commission only when they do not come under the established
exceptions. One of these is where the findings of
the POEA and the NLRC are contrary to each other,
as in this case, and there is a necessity to
determine which of them should be preferred as
more conformable to the established facts.
Cadalin vs. POEA's Article 291 of the Labor Code applies to money
claims arising from employer-employee relations,
Administrator including those arising from application of foreign
laws providing for greater employee benefits.—
Section 7-a of the Eight-Hour Labor Law provides
the prescriptive period for filing “actions to
enforce any cause of action under said law.” On
the other hand, Article 291 of the Labor Code of
the Philippines provides the prescriptive period
for filing “money claims arising from employer-
employee relations.”
Nitto Enterprises vs. National Where the apprenticeship agreement has no force
and effect, the worker hired as apprentice should
Labor Relations Commission be considered as a regular employee
Bisig Manggagawa sa Tryco vs. National Labor While the law is solicitous of the welfare of
employees, it must also protect the right of an
Relations Commission employer to exercise what are clearly
management prerogatives; The free will of
management to conduct its own business affairs to
achieve its purpose cannot be denied.
Bisig Manggagawa sa Tryco vs. National Labor Employer must show that the transfer is not
Relations Commission unreasonable, inconvenient, or prejudicial to the
employee, nor does it involve a demotion in rank
or a diminution of his salaries, privileges and
other benefits
Linton Commercial Co., Inc. vs. Hellera The validity of the reduction of working hours
upheld in Philippine Graphic Arts, Inc. vs. NLRC,
166 SCRA 118 (1988); The Bureau of Working
Conditions of the DOLE released a bulletin
providing for in determining when an employer
can validly reduce the regular number of working
days
Perpetual Help Credit Cooperative, Inc. vs. In determining the existence of an employer-
Faburada employee relationship, the following elements are
considered: (1) the selection and engagement of
the worker or the power to hire; (2) the power to
dismiss; (3) the payment of wages by whatever
means; and (4) the power to control the worker’s
conduct, with the latter assuming primacy in the
overall consideration. No particular form of proof
is required to prove the existence of an employer-
employee relationship. Any competent and
relevant evidence may show the relationship.
Honda Phils., Inc. vs. Samahan ng Malayang Where the CBA is clear and unambiguous, it
Manggagawa sa Honda becomes the law between the parties and
compliance therewith is mandated by the express
policy of the law.—A collective bargaining
agreement refers to the negotiated contract
between a legitimate labor organization and the
employer concerning wages, hours of work and all
other terms and conditions of employment in a
bargaining unit.