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Tag: 2019-04

We Validly Placed Our Employee on Floating Status

2019 April 03 Paulino Ungos III

Learn the requirements for validly placing an employee on floating status.

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Posted in: Labor Law Filed under: #Bar2022, #GetThatBar2022, 2019-04, afterthought, bona fide suspension of business, constructive dismissal, decision, justice caguioa, notice requirement

A Long-Standing Practice

Paulino Ungos III

Find out how this employee successfully claimed retirement benefits despite the employer’s lack of a written retirement plan.

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Posted in: Labor Law Filed under: #Bar2022, #GetThatBar2022, 2019-04, company practice, decision, justice caguioa, retirement

Seafarer’s Obligation to Comply with His Medical Treatment

2019 April 01 Paulino Ungos III

What effect would a refusal on the part of the seafarer to comply with his medical treatment have on his claim for disability benefits?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-04, breach of duty, decision, ofw, post-employment medical examination, prematurity, seafarer

Managerial Employees’ Entitlement to Optional Retirement Benefits under a Collective Bargaining Agreement

Paulino Ungos III

May the managerial employees in this case be entitled to optional retirement benefits under a collective bargaining agreement?

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Posted in: Labor Law Filed under: 2019-04, company practice, decision, managerial employee, optional retirement

Extent of Disability vs. Determination of Fitness for Sea Duty

Paulino Ungos III

The Supreme Court clarified the 120/240 day rule with regard to the extent of the disability of the seafarer as against the company-designated physician’s duty to issue a final medical assessment.

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 120 / 240 day period, 2019-04, notice, ofw, permanent total disability, seafarer

The Party Who Secures the Opinion of a Third Doctor

Paulino Ungos III

In case the doctor appointed by the seafarer disagrees with the assessment of the company-designated physician, who has the duty to secure the opinion of a third doctor?

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Posted in: Agrarian Law and Social Legislation, Labor Law Filed under: 2019-04, decision, ofw, seafarer, third doctor

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