BVR & ASSOCIATES
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES

a collections of case digests and laws that can help aspiring law students to become a lawyer


​Sangwoo Phil. vs. Sangwoo Phils. Employees Union, December 9, 2013

7/9/2022

0 Comments

 
Facts:
SPI temporarily ceased operations. Meanwhile, SPEU filed a complaint for unfair labor practice, illegal closure, illegal dismissal, damages and attorney’s fees before the NLRC. Subsequently, SPI posted, in conspicuous places within the Company notices of its permanent closure and cessation of business due to serious economic losses and financial reverses. In a Decision, the Labor Arbiter ruled in favor of SPI. The NLRC sustained the ruling of LA with modification. On appeal, the CA held that the minority employees are not entitled to separation pay considering that the company’s closure was due to serious business losses.

Issue:
Were the minority employees entitled to separation pay.

​Held:
No. Article 297 of the Labor Code does not obligate an employer to pay separation benefits when the closure is due to serious losses. In this case, the LA, NLRC, and CA all consistently found that SPI indeed suffered from serious business losses which resulted in its permanent shutdown and accordingly, held the company’s closure to be valid.
0 Comments



Leave a Reply.

    Archives

    August 2022
    July 2022
    June 2022
    March 2022
    February 2022
    January 2022
    December 2021
    November 2021
    October 2021
    September 2021
    July 2021
    June 2021
    May 2021
    January 2021
    December 2020
    November 2020
    October 2020
    September 2020
    August 2020
    July 2020
    June 2020
    April 2020
    March 2020
    October 2019
    September 2019
    August 2019
    March 2018

    Categories

    All
    Agrarian Law
    Articles-of-incorporation
    By-laws
    Constitutional Law
    Criminal Law
    Law
    Persons And Family Relations

    RSS Feed

Powered by Create your own unique website with customizable templates.
  • HOME
  • OUR SERVICES
    • TAX COMPLIANCE & ACCOUNTING
    • BUSINESS REGISTRATION
    • BACK OFFICE SUPPORT SERVICES
    • BUSINESS PROCESS OUTSOURCING
    • PAYROLL SERVICES
    • VIRTUAL ASSISTANT
    • FINANCIAL PLANNING
    • ASSET MANAGEMENT
    • HUMAN RESOURCES
  • About
  • ARTICLES
    • TESTIMONIALS
    • BLOG
  • CONTACT US
  • SERVICES