In a termination dispute, the basic issue is the validity of the termination. It must be emphasized that workers are entitled to the right of security of tenure thus under Article 279 of the Labor Code, if the termination is illegal, the dismissed employee is entitled to the immediate relief of reinstatement and backwages. If it is the Labor Arbiter who orders the reinstatement, the reinstatement is automatic without the need for a writ of execution. It is the obligation of the employer to communicate within ten (10) days from receipt of the decision of the Labor Arbiter to communicate the choice of the mode of reinstatement (either actual or payroll). The backwages shall then be computed from the time the worker was illegally dismissed until the actual reinstatement.
The case, Garcia et al. vs. Philippines Airlines, decided en banc by the Supreme Court illustrates the application of social justice in reversing a doctrine based on unjust enrichment.
Please click to read full article: Social Justice in the in the Award of Reinstatement Pay in Philippine Termination Disputes
0 thoughts on “Social Justice in the Award of Reinstatement Pay in Philippine Termination Disputes”