The document discusses contracting and subcontracting arrangements under Philippine labor law. It defines key terms like principal, contractor, and contractual employees. It outlines conditions for legitimate contracting, including written contracts and contractor registration. It also discusses grounds for termination, requirements for due process, and the consequences of legal and illegal termination.
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
Please be informed that the Labour Code numbered 4857 (“Labour Code”) regulates the working conditions and also rights and obligations of the employees and employers. The Labour Code shall apply to all employers, employer representatives, employees and workplaces except those listed under Article 4 of the Labour Code. There are two types of termination of the employment contract stipulated under the Labour Code; 1) Termination with notice period and 2) Immediate Termination due to justified reasons.
Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Ms Loh Sub Mui, a HR generalist with 20+ years experience, spoke on the laws and challenges in terminating employees to WomenBizSENSE members. She is a highly experienced group HR Manager with a locally established group of companies. Her work requires her to deal with industrial relations matters in both unionized and non-unionized environment.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
How to comply with the law on dismissal of employees in relation to TUPE tran...Sage HR
Legislation provides that any dismissals that are due to the transfer of an
undertaking or, except for certain prescribed reasons, are for a reason
connected with the transfer, will be automatically unfair, and prescribes which
employer will be liable. It is important that organisations understand where
liability rests, not least so that, if desired, they can come to a private agreement
to apportion any liability between them.
This XpertHR “how to” guide sets out the legal considerations that both the
transferor and the transferee should take into account when dismissals are
proposed in the context of a transfer and addresses some practical scenarios
that may arise.
How to Avoid the Pitfalls - 19 March 2014
PRESENTER: CHRIS HARALAMBOUS (Head of Labour Team)
COX YEATS ATTORNEYS
TEL: (031) 536 8557
EMAIL: charalambous@coxyeats.co.za
Calculation of Damages in Wrongful Termination LitigationThomas Econometrics
When evaluating the economic damages in wrongful termination litigation, the central question being addressed consists of two components:
1. What is the likely compensation (including benefits) that the plaintiff would have earned but for the alleged wrongful termination;
2. What is the likely compensation (including benefits) that the plaintiff can be expected to earn from alternate employment given the alleged wrongful termination.
The amount of damages is equal to the difference between the two compensation streams. The task at hand, then, is to appropriately calculate the two
compensation streams.
Philippine Labor Laws
Authorized Causes for Dismissal of Employee
Employee Discipline and Termination
The two most commonly used grounds for termination of employee are the Authorized Causes under Article 283 and 284 of the Labor Code, and the Just Causes under Article 282. Below are the authorized causes for termination of employment.
As maybe broadly defined, authorized causes for dismissal of employee refer to those lawful grounds for termination which in general do not arise from fault or negligence of the employee. “Authorized causes” are distinguished from “just causes” under Article 282 in that the latter are always based on acts attributable to the employee’s own fault or negligence.
Ms Loh Sub Mui, a HR generalist with 20+ years experience, spoke on the laws and challenges in terminating employees to WomenBizSENSE members. She is a highly experienced group HR Manager with a locally established group of companies. Her work requires her to deal with industrial relations matters in both unionized and non-unionized environment.
Managing Dismissal to Avoid RepercussionlegalPadmin
Speech by K.Somasundram, Assistant Secretary from MTUC, given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015.
Managing Dismissal Cases to Avoid RepercussionslegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
Redundancy, Retrenchment and SeparationlegalPadmin
Speech by Dato' Jalaldin b Hussain (Chairman Industrial Court, Malaysia (Rtd)) & Tuan Mohd Khalid Atan (President, MTUC), given in Labour Law Seminar held by Legal Plus Sdn. Bhd (www.legalplus.com.my) on Apr 10, 2015
How to comply with the law on dismissal of employees in relation to TUPE tran...Sage HR
Legislation provides that any dismissals that are due to the transfer of an
undertaking or, except for certain prescribed reasons, are for a reason
connected with the transfer, will be automatically unfair, and prescribes which
employer will be liable. It is important that organisations understand where
liability rests, not least so that, if desired, they can come to a private agreement
to apportion any liability between them.
This XpertHR “how to” guide sets out the legal considerations that both the
transferor and the transferee should take into account when dismissals are
proposed in the context of a transfer and addresses some practical scenarios
that may arise.
How to Avoid the Pitfalls - 19 March 2014
PRESENTER: CHRIS HARALAMBOUS (Head of Labour Team)
COX YEATS ATTORNEYS
TEL: (031) 536 8557
EMAIL: charalambous@coxyeats.co.za
Calculation of Damages in Wrongful Termination LitigationThomas Econometrics
When evaluating the economic damages in wrongful termination litigation, the central question being addressed consists of two components:
1. What is the likely compensation (including benefits) that the plaintiff would have earned but for the alleged wrongful termination;
2. What is the likely compensation (including benefits) that the plaintiff can be expected to earn from alternate employment given the alleged wrongful termination.
The amount of damages is equal to the difference between the two compensation streams. The task at hand, then, is to appropriately calculate the two
compensation streams.
Labor law as it is historically known, concerns regulation in the workplace. It creates rights and responsibilities in the employment relationship between employers and employees. Employee rights is a term that deals with various practices that provide protection to an employee in an organization.
Every person with disability, as a member of the society, shall be entitled opportunities to participate in social, economic, cultural and all other activities in the society. No one shall be allowed to discriminate against persons with disabilities or violate their rights and benefits on the basis of disability.
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
This country-specific Q&A provides an overview to employment
and labour law in Ireland. It will cover termination of employment, procedures, protection for workers, compensation as well as insight and opinion on the most common difficulties employers face and any upcoming legal changes planned.
"Valid Termination: Substantive and Procedural Requirement under the Labor Code of the Philippines" presented by a Senior Corporate Lawyer of Kittelson & Carpo Consulting. Discussion Topic from ANZCHAM Coffee Mornings - October 28, 2015
Post Employment Restrictive Covenants- How Much Enforceable?EquiCorp Associates
The legislations governing several aspects of the employer-employee relationship are so complicated and ambiguous, that they yield in litigation rather than to provide clear way out. Moreover, the most important bone of contention w.r.t. protection of confidential information, non-disclosure and non-solicitation have not yet been addressed through legislation in India, thus warranting recourse to judicial interpretation and common law.
In an attempt to protect their interests, trade secrets, confidential information, every employer execute employment agreement and impose post employment restrictive covenants pertaining to manner in which the employees are required to serve the notice period, comply with the exit formality, non-solicitation, non-compete and others before finally exit from the employer.
However, to enforce post employment restrictive covenants had become a challenging task for the employers. In this article, we seek to provide an overview of the steps to be adopted by the employer and how to address a conflict situation with its employees and to enforce post employment covenants.
Brgy. Labangon, Cebu City and the Threat to its Territorial IntegrityHarve Abella
the people have spoken, NO to the creation of Banawa-Englis.
by the way, Tony Cuenco (author of the Banawa-Englis law fiasco) has bowed out of the congressional race (or so he claims.) do we really need recycled politicians???
The Roman Empire A Historical Colossus.pdfkaushalkr1407
The Roman Empire, a vast and enduring power, stands as one of history's most remarkable civilizations, leaving an indelible imprint on the world. It emerged from the Roman Republic, transitioning into an imperial powerhouse under the leadership of Augustus Caesar in 27 BCE. This transformation marked the beginning of an era defined by unprecedented territorial expansion, architectural marvels, and profound cultural influence.
The empire's roots lie in the city of Rome, founded, according to legend, by Romulus in 753 BCE. Over centuries, Rome evolved from a small settlement to a formidable republic, characterized by a complex political system with elected officials and checks on power. However, internal strife, class conflicts, and military ambitions paved the way for the end of the Republic. Julius Caesar’s dictatorship and subsequent assassination in 44 BCE created a power vacuum, leading to a civil war. Octavian, later Augustus, emerged victorious, heralding the Roman Empire’s birth.
Under Augustus, the empire experienced the Pax Romana, a 200-year period of relative peace and stability. Augustus reformed the military, established efficient administrative systems, and initiated grand construction projects. The empire's borders expanded, encompassing territories from Britain to Egypt and from Spain to the Euphrates. Roman legions, renowned for their discipline and engineering prowess, secured and maintained these vast territories, building roads, fortifications, and cities that facilitated control and integration.
The Roman Empire’s society was hierarchical, with a rigid class system. At the top were the patricians, wealthy elites who held significant political power. Below them were the plebeians, free citizens with limited political influence, and the vast numbers of slaves who formed the backbone of the economy. The family unit was central, governed by the paterfamilias, the male head who held absolute authority.
Culturally, the Romans were eclectic, absorbing and adapting elements from the civilizations they encountered, particularly the Greeks. Roman art, literature, and philosophy reflected this synthesis, creating a rich cultural tapestry. Latin, the Roman language, became the lingua franca of the Western world, influencing numerous modern languages.
Roman architecture and engineering achievements were monumental. They perfected the arch, vault, and dome, constructing enduring structures like the Colosseum, Pantheon, and aqueducts. These engineering marvels not only showcased Roman ingenuity but also served practical purposes, from public entertainment to water supply.
The French Revolution, which began in 1789, was a period of radical social and political upheaval in France. It marked the decline of absolute monarchies, the rise of secular and democratic republics, and the eventual rise of Napoleon Bonaparte. This revolutionary period is crucial in understanding the transition from feudalism to modernity in Europe.
For more information, visit-www.vavaclasses.com
Ethnobotany and Ethnopharmacology:
Ethnobotany in herbal drug evaluation,
Impact of Ethnobotany in traditional medicine,
New development in herbals,
Bio-prospecting tools for drug discovery,
Role of Ethnopharmacology in drug evaluation,
Reverse Pharmacology.
Synthetic Fiber Construction in lab .pptxPavel ( NSTU)
Synthetic fiber production is a fascinating and complex field that blends chemistry, engineering, and environmental science. By understanding these aspects, students can gain a comprehensive view of synthetic fiber production, its impact on society and the environment, and the potential for future innovations. Synthetic fibers play a crucial role in modern society, impacting various aspects of daily life, industry, and the environment. ynthetic fibers are integral to modern life, offering a range of benefits from cost-effectiveness and versatility to innovative applications and performance characteristics. While they pose environmental challenges, ongoing research and development aim to create more sustainable and eco-friendly alternatives. Understanding the importance of synthetic fibers helps in appreciating their role in the economy, industry, and daily life, while also emphasizing the need for sustainable practices and innovation.
Palestine last event orientationfvgnh .pptxRaedMohamed3
An EFL lesson about the current events in Palestine. It is intended to be for intermediate students who wish to increase their listening skills through a short lesson in power point.
This is a presentation by Dada Robert in a Your Skill Boost masterclass organised by the Excellence Foundation for South Sudan (EFSS) on Saturday, the 25th and Sunday, the 26th of May 2024.
He discussed the concept of quality improvement, emphasizing its applicability to various aspects of life, including personal, project, and program improvements. He defined quality as doing the right thing at the right time in the right way to achieve the best possible results and discussed the concept of the "gap" between what we know and what we do, and how this gap represents the areas we need to improve. He explained the scientific approach to quality improvement, which involves systematic performance analysis, testing and learning, and implementing change ideas. He also highlighted the importance of client focus and a team approach to quality improvement.
Students, digital devices and success - Andreas Schleicher - 27 May 2024..pptxEduSkills OECD
Andreas Schleicher presents at the OECD webinar ‘Digital devices in schools: detrimental distraction or secret to success?’ on 27 May 2024. The presentation was based on findings from PISA 2022 results and the webinar helped launch the PISA in Focus ‘Managing screen time: How to protect and equip students against distraction’ https://www.oecd-ilibrary.org/education/managing-screen-time_7c225af4-en and the OECD Education Policy Perspective ‘Students, digital devices and success’ can be found here - https://oe.cd/il/5yV
Welcome to TechSoup New Member Orientation and Q&A (May 2024).pdfTechSoup
In this webinar you will learn how your organization can access TechSoup's wide variety of product discount and donation programs. From hardware to software, we'll give you a tour of the tools available to help your nonprofit with productivity, collaboration, financial management, donor tracking, security, and more.
Thesis Statement for students diagnonsed withADHD.ppt
Agency agreement, grounds for termination, skelly process
1.
2. CONTRACTING / SUBCONTRACTING – an
arrangement whereby a principal agrees to put
out or farm out with a contractor the
performance or completion of a specific job,
work or service within a definite or
predetermined period, regardless of whether
such job, work or service is to be performed or
completed within or outside the premises of
the principal
3. CONTRACTOR – any person or entity,
including a cooperative, engaged in
LEGITIMATE contracting/subcontracting
arrangement either services, skilled workers,
temporary workers, or a combination of
services to a principal under a Service
Agreement
4. PRINCIPAL - refers to any employer, whether a
person or entity, including GOCC's, who/which
puts out or farms out a job, service or work to a
contractor
5. Contracting arrangement in Labor is
Expressly allowed by Law. (Ar t. 106)
The court has taken judicial notice of the general
practices adopted in several government and
private institutions & industries of hiring
independent contractors to perform special
services. These services range from janitorial,
security and even technical or other specific
services. (Neri “radio operator” vs NLRC, FEBTC
&Building Care Corp., 224 SCRA 217)
7. Conditions precedent
The principal must have a written contract for a specific job,
work or service with the contractor
Contractor must have a written contract with its contractual
employees
Contractor must be registered/listed with the DOLE
Contractor must have substantial capital or
investment which relates to the job, work or
ser vice to be per formed
Refers to the capital stocks and subscribed capitalization
(corporations)
Tools, equipment, implements, machineries and work premises,
actually and directly used by the contractor in the performance of
the job contracted out
8.
9. Serious Misconduct - willful disobedience by the ee of the lawful
orders of his er or representative in connection with his work
Misconduct is improper or wrong conduct. It is the transgression of
some established and definite rule of action, a forbidden act, a
dereliction of duty, willfull in character, and implies wrongful intent and
not mere error in judgment. The misconduct to be serious must be of
such a grave and aggravated character and not merely trivial or
unimportant
The Order of the ER must be
Reasonable & lawful
sufficiently known to the EE
in connection with the duties which the EE has been engaged to
discharge
10. Gross and habitual neglect of the EE to his duty;
Fraud/willful breach by the EE of the trust reposed in him by
his ER or his duly authorized representative
Commission of a crime or offense by the EE against his ER or
any immediate member of his (ER) family or duly authorized
representative (Art. 282)
Violation of the Anti-Sexual Harassment Law (Sec. 3, RA
7877)
Violation of Sec. 36, RA 9165
Dismissal due to demand of union to enforce a closed-shop
provision of the CBA
Dismissal due to enforcement of union security clause in the
CBA
11. Dismissal or loss of employment status of union
officers & members who knowingly participates in
an illegal activity/strike by defying a Return-to-
Work Order of the SOLE
Dismissal or loss of employment status of union
officer who knowingly participates in an illegal
strike
Dismissal or loss or employment status of any
worker or union officer who knowingly participates
in the commission of illegal acts during a strike
12. Installation of Labor Saving Devices
Redundancy – services are in excess or what is reasonably
demanded by the actual requirements of the enterprise
Retrenchment to prevent losses
Closure or cessation of operation
Transfer of workplace
Sale of company
Merger
Bankruptcy
insolvency
Disease
In the absence of the required certification by a public health
physician, the ee’s dismissal due to disease is invalid.
13. For termination of employment based on just causes, procedural due
process requires that the employee be given the benefit of the so-called
twin-notice and hearing, as follows:
First notice: Notice to Explain (NTE) or order to show cause. A
written notice served on the employee specifying the ground or grounds
for termination, and giving to said employee reasonable opportunity
within which to explain his side.
Hearing or formal investigation. A hearing or conference during
which the employee concerned, with the assistance of counsel if the
employee so desires, is given opportunity to respond to the charge,
present his evidence or rebut the evidence presented against him.
Second notice: Notice of decision. A written notice of termination
served on the employee indicating that upon due consideration of all the
circumstances, grounds have been established to justify his termination.
(See Art. 277[b] and Sec 2, Rule I, Book VI, IRR)
14. • prior to initiating disciplinary action
(suspension, non-punitive disciplinary letter,
temporary reduction in step, demotion, or
dismissal), the employee must be provided due
process.
• The only requirement in order to substantially
comply with Due Process is that the employee
is given “ample opportunity to be heard”
15. • prior to initiating disciplinary action
(suspension, non-punitive disciplinary letter,
temporary reduction in step, demotion, or
dismissal), the employee must be provided due
process.
• The only requirement in order to substantially
comply with Due Process is that the employee
is given “ample opportunity to be heard”
16. • The law requires that the due process afforded to employees must
include:
• 1. Notice of the proposed action
• 2. The reasons for the proposed action (Company Code/Rules &
Regulations + Art. 282 / 283 of the Labor Code
• 3. A copy of the charges and materials upon which the action is
based (material relied on)
• 4. The right to respond, either orally or in writing, to the authority
imposing discipline.
17.
18. • procedural due process requires that the employee be given the benefit of the so-called
twin-notice and hearing, as follows:
• First notice: Intent Letter/Notice to Explain (NTE) or
order to show cause. A written notice served on the employee
specifying the ground or grounds for termination, and giving to
said employee reasonable opportunity within which to explain
his side.
• Writen/Oral Reply+Hearing or formal investigation. A
hearing or conference during which the employee concerned,
with the assistance of counsel if the employee so desires, is
given opportunity to respond to the charge, present his
evidence or rebut the evidence presented against him.
• Second notice: Notice of decision. A written notice of
termination served on the employee indicating that upon due
consideration of all the circumstances, grounds have been
established to justify his termination. (See Art. 277[b] and Sec
2, Rule I, Book VI, IRR)
19. • Ser vice of Notices.
• personally served with notices (notice to show cause and notice of decision)
Ideally, this should be done by personally handing a copy of the notice to the
employee concerned.
• However, if this is not possible, the notices may be served on
the employee’s last known address either by ordinary or
registered mail (from legal viewpoint, registered mail is
preferred).
• The mere posting of the notice on the bulletin board is not sufficient
compliance. (Shoppers Gain Supermart, 1996)
• If the employee refused to receive notice, the employer must
serve the same by registered mail at his last known address.
(See Nueva Ecija Electric Coop case, 2005)
20. Oppor tunity to Respond.
The very purpose of requiring the employer to
observe proper termination process is to give
the employee ample opportunity to respond to
the charges against him or to defend himself.
What the law require is ample opportunity.
Ample opportunity means every kind of assistance
that management must accord the employee to
enable him to prepare adequately for his defense
including legal representation.
21. • Requirements for First Notice (NTE).
• The first notice informing the employee of the charges
against him should set out clearly what he is being held
liable for. It should neither be pro-forma nor vague. This is
consistent with the requirement that the employee should
be afforded ample opportunity to be heard and not mere
opportunity.
• Moreover, the dismissal, if necessary, must be based on
the same grounds cited in the NTE. If the dismissal is
based on grounds other than those specified in the notice,
he is deemed to have been deprived of due
process.
22. Ef fect of Refusal of Employee to
Par ticipate in Investigation.
By the refusal of employee to participate in the
investigation, he is deemed to have waived his
right to defend himself.
23. • Ef fects or Consequences of Termination.
• If dismissal is for just cause and with prior notice and
hearing, the dismissal is valid.
• If the dismissal is for just cause but without prior notice
and hearing, the dismissal is valid but the employer may
be required to pay nominal damages to the dismissed
employee.
• If there is no just cause for dismissal, whether or not there
is prior notice and hearing, the dismissal is illegal. The
employee is entitled to reinstatement, backwages and
damages.
25. When the termination involves an EE who admits the guilt (Lagatic vs NLRC,
GR No. 121004, 1/28/98
When the termination is due to AUTHORIZED CAUSES (Art. 283)
When the termination is due to DISEASE (Art. 284)
When the termination is at the initiative of the employee (Art. 285)
When the termination is done after 6 mos. of bonafied suspension of
operation (Art. 286; Sebuguero vs NLRC, GR No. 115394, 9/27/95
26. When the termination is due to the completion of the project in cases of
PROJECT EMPLOYMENT (Cioco vs CE Construction Corp, GR No. 90653,
11/12/90
When the termination is due to lapse of the season in cases of SEASONAL
EMPLOYMENT (Art. 280)
When the termination is due EXPIRATION OF THE PERIOD OF
PROBATIONARY EMPLOYMENT (AM Oreta & Co. Inc., vs NLRC GR No. 74004,
8/10/89
When the termination is due to the expiration of tenure that is coterminous
with the lease (Hilado vs Leogardo, GR No. 65863, 6/11/86)
27.
28. With JUST CAUSE and WITH DUE PROCESS
Dismissal is legal
EE has no relief
However, in instances where the ee is validly dismissed for causes other
than serious misconduct or those reflecting of his moral character,
separation pay is allowed as a measure of social justice (244 SCRA 125;
296 SCRA 184)
WITH JUST CAUSE BUT W/O DUE PROCESS
Dismissal is legal
ER may be liable to pay indemnity in the form of nominal damages
Sanction should be tempered because the dismissal was initiated by an
act imputable to the EE
Nominal damages: PHP 30,000.00 (Agabon vs NLRC, GR No. 158693,
11/17/2004)
29. WITHOUT JUST CAUSE BUT WITH OR W/O DUE
PROCESS
Illegal termination despite observance of procedural due
process
Consequences
EE becomes entitled to reinstatement w/o loss of seniority
rights
Payment of backwages corresponding to the period from
him dismissal up to his actual reinstatement
30. With Authorized Cause & With Due Process
Dismissal is legal. However, the ER is requred to pay the dismissed Ee of his
usual separation pay EXCEPT when the ER suffered serious business losses
or financial reverses
With Authorized Cause but without Due Process
Dismissal is legal, but ER may be liable to pay indemnity in the form of
nominal damages at the discretion of the court in addition to the EE's usual
separation pay.
Sanction is stiffer because the dismissal due process was initiated by the ER's exercise of
management prerogative.
Nominal Damages: PHP 50,000.00 (Jaka Food Processing Corp. vs
PAcot, GR No. 151378, 3/28/05)
31. Illegal despite observance of due process.
Normal Consequences:
Reinstatement to former position without loss of
seniority rights and the payment of backwages
corresponding to the period from his dismissal up
to actual reinstatement