A labor contractor’s Certificate of Registration with the Department of Labor and Employment is not conclusive evidence of its status as a legitimate labor contracting entity. At most, it causes a disputable presumption that the entity is a legitimate labor contractor which can be refuted by other evidence. In order to determine whether an entity is a labor-only contractor or a legitimate labor contractor, what must be considered is the totality of the facts and surrounding circumstances of the case.
Tag: 2020-09
Consequences of Deliberate Concealment
Can the employer in this case be said to have waived its right to deny liability from paying disability benefits?
I Skipped Work as I Felt Sick
The employee was fired because he was absent for 38 days. Was his dismissal from employment declared valid?
Appalling Disregard of Physical Safety and Property
The employee was dismissed from employment allegedly because of reckless driving. Was the termination of such employment declared valid?
But “Backwages” Is Awarded Only to an Illegally Dismissed Employee
The employer posited that backwages are awarded only to an illegally dismissed employee. Did the Supreme Court sustain this position?
Admitted the Due Issuance of the Certification
The accused pointed out that the POEA certification (which the trial court relied on in convicting him of the crime of illegal recruitment in large scale) was not authenticated in court by its signatory. Was this sufficient to overturn his conviction for the crime?
