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: justice leonen
No Alternative But to Implement a Retrenchment Program
Find out why the Supreme Court declared the illegality of the employee’s dismissal even if the employer’s business was adversely affected by the 2008 global financial crisis.
Unique Skills and Talents
Were the camera operators in this case considered as employees of the broadcasting company?
Returning to the Same Employer
When an illegally dismissed employee is reinstated, should he be considered a new hire?
PTSD and Claims for Disability Benefits
Find out whether the seafarer diagnosed with Post Traumatic Stress Disorder was granted his claim for disability benefits.
Totality of Circumstances and Constructive Dismissals
The Supreme Court stressed that in resolving issues of constructive dismissal, one does not only weigh the evidence presented by the parties, but also delve into the totality of circumstances in a case.
Foreign Doctor Who Provided Urgent Care — a Company-Designated Physician?
In a post-employment medical examination, the employer is obliged to conduct a meaningful and timely examination of the seafarer through its company-designated physician.
Part-Time Employees and Retirement Benefits
The university in this case contended that the provision on retirement benefits under Article 302 of the Labor Code of the Philippines does not apply to part-time teachers, because they cannot acquire regular permanent status.
Expletives, Dismissals, and Unfair Labor Practices
Whether an expletive constitutes serious misconduct that warrants a dismissal from employment will depend on the context of the phrase’s use.
My Supervisor Committed Sexual Harassment, Not Me
Find out why an employer was still held liable for constructive dismissal even if it had no hand in the sexual harassment committed by its supervisor.
