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The drivers and conductors were entitled to the basic minimum pay
mandated by law in case the commissions they earned are less than that
their basic minimums for 8 hours work.
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DOCTRINE: Basic salary shall include all the remunerations or earnings paid
by the ER to an EE for services rendered but does not include COLA, profitsharing payments, and allowances and monetary benefits. (The said benefits
shouldnt have been included in the 13th pay in the first place, but having
been included for the past 2 years, it has already matured into a right and
cannot be withdrawn by virtue of Art 100 of the LC)
106. PHIL. AGRICULTURAL v. NLRC (GR No. 107994, August 14, 1995)
108.
HONDA PHILS., INC., v. SAMAHAN NG MALAYANG
MANGGAGAWA SA HONDA (G.R. No. 145561, June 15, 2005)
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HELD:13th month pay is calculated as 1/12 of the basic salary per year.
Commission forms part of basic pay.
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The minimum 13 month pay required by law shall not be less than
one-twelfth (1/12) of the total basic salary earned by an employee within a
calendar year.
The BASIC SALARY OF AN EMPLOYEE FOR THE PURPOSE OF
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COMPUTING THE 13 MONTH PAY shall include all remunerations or
earnings paid by his employer for services rendered but does not include
allowances and monetary benefits which are not considered or integrated as
part of the regular or basic salary, such as the cash equivalent of unused
vacation and sick leave credits, overtime premium, night differential and
holiday pay, and cost-of-living allowances.
JPL provided salaries which were over and above minimum wage as
in place of the benefits.
The difference between the minimum wage and the actual salary
received by the respondents cannot be deemed as their 13
month pay and service incentive leave pay as such difference is
not equivalent to or of the same import as the said benefits
contemplated by law.
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Computation of the 13 month pay from the 1 day of employment to
the last day the employees worker for JPL
o No illegal dismissal, they employed themselves to another
company
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TERMINATION OF EMPLOYMENT
GENERAL
109. JPL Marketing v. NLRC (GR No. 151966, July 8, 2005)
FACTS: 3 employees of JPL filed a complaint for illegal dismissal and
nonpayment of 13 month pay, service incentive leave pay, and payment for
moral damages. LA dismissed the complaint, NLRC affirmed but entitled the
employees to the benefits
HELD: Employees were entitled to 13 month pay and service incentive leave
pay YES. Said benefits are mandated by law and should be given to
employees as a matter of right.
considering that the peace of the company is thereby affected. The Code of
Employee Discipline is very clear that immoral conduct "within the company
premises regardless of whether or not [it is] committed during working time"
is punishable.
TALO ANG MANYAK.
ABANDONMENT
114. JARDINE DAVIES, INC v. NRLC
Salvador Salutin works for Jardine Davies Inc. and was declared having
abandoned work considering his continuous absences of more than 3 weeks.
NLRC declared Salutin as NOT having abandoned his work by alleged failure
to report to work during the pendency of JDIs appeal before the NLRC.
(BTW, LA decision was in favor of Salutin case: illegal dismissal plus
reinstatement)
HELD: For abandonment to constitute a valid cause for termination of
employment there must be a deliberate unjustified refusal of the employee to
resume his employment. This refusal must be clearly shown. Mere absence
is not sufficient; it must be accompanied by overt acts pointing to the fact that
the employee simply does not want to work anymore.
115. Jackson Bldg. v. NLRC (GR No, 111515, July 14, 1995)
FACTS: Gumagda, a janitor, filed a 45-day leave of absence for his
appendectomy. After his leave, Jackson Bldg. refused to accept him
contending that he has abandoned work for not submitting a medical report.
He then filed a complaint for illegal dismissal, LA and NLRC ruled in his
favor.
HELD: Private respondent did not abandoned his work.For abandonment to
be a valid ground for termination, 2 requisites must be present:
1.) The intention to abandon work
2.) Overt act from which it may be inferred that the employee has no
more intentions to resume his work
Albeit exceeded from the number of days authorized, Gumagda reported
back after 50 days as to ensure his recovery as advised by his doctor. It
clearly shows that he is ready to assume his work considering he has fullyrecovered from his operation.
Parado was not accorded with due process - Failure of the hotel to furnish 2
notice of his dismissal, a condition sine qua non
For rank and file employees loss of trust and confidence as ground for
valid dismissal requires proof of involvement in the alleged events in
question, and that mere uncorroborated assertions and accusations by the
employer will not be sufficient.
HELD: YES. Art. 282 of the Labor Code provide the grounds for which an
employer may validly dismiss an employee, among which is gross and
habitual neglect of employee of his duties.
122.Austria V NLRC
(c) Fraud or willful breach by the employee of the trust reposed in him by his
employer or duly authorized representative;
Pastor Dionisio Austria has been working for the Seventh-Day Adventist for
28 years. He started as a literature evangelist and worked his way up the
ladder and eventually became a pastor. One day, there was an issue with
ANALOGOUS CASES
124. PAL v. NLRC (GR No. L-62961, September 2, 1983)
FACTS: Salvador Gempis, a pilot of PAL, was charged with serious
misconduct and violating the liquor ban and company policies.He allegedly
forced 2 other lower-ranking pilots with initial assignments the following day
to drink liquor. PAL filed a clearance for termination
ISSUE: W/N Gempis is dismissed for a just and valid cause
HELD: YES.The nature of employment of herein private respondent
necessitates that he should not violate the liquor ban as provided for in the
Basic Operations Manual in order to protect not only the interest of the
company but the public as well. Private respondent is a risk and liability
rather than an asset to petitioner PAL.
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REDUNDANCY
126. ALMODIEL v. NLRC
Almodiel is a CPA, and was employed by Raytheon Phils as Cost accounting
manager. Nagkaroon ng installation ng cost accounting system na nag
echapwera kay Almodiel he now only submits periodical reports. So, in the
end, nangyare ang kinatatakutan ni bes, he was informed that his position is
going to be abolished on the ground of redundancy. Syempre lumaban si
bes. LA favored Almodiel. NLRC reversed. So, ngayon Supreme Court na
mga bes.
127. ASIA WORLD PUBLISHING HOUSE INC. v. OPLE (GR NO. L-56398,
July 23, 1987)
FACTS: Concepcion Joaquin was dismissed from her position as Vice
President for marketing due to continued losses of the company. Both
regional director and minister of Department of labor ruled in her favor,
arguing that there is no fair and reasonable standards and substantial
justification for her dismissal and should therefore be reinstated.
Held: Severance pay equivalent of 12 months salary was ordered in
lieu of reinstatement. As regards the order of reinstatement, we have to
take into account that antagonism between the petitioner and the private
respondent has been brought about by the filing of this case plus the fact that
a new employee had been hired to take over the place of the respondent.
There is no showing that an equivalent position is available to Ms. Joaquin.
All of these militate against the propriety of reinstating the respondent.
If the respondent had been a laborer, clerk, or other rank and file employee,
there would be no problem in ordering her reinstatement with facility. But she
was Vice President for Marketing of Asiaworld. An officer in such a key
position can work effectively only if she enjoys the full trust and confidence of
top management.
*side note: There must be fair and reasonable criteria to be used in selecting
employees to be dismissed, such as: (a) less preferred status (e.g.
temporary employee); (b) efficiency rating, and (c) seniority. Petitioner denied
the fact that respondent was performing her job satisfactorily.
128.Sebuguero V NLRC