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    What are the requisites of a valid quitclaim? He does not receive any salary but solely relies on commissions earned for every insurance policy approved by the company. He hires and pays his own secretary but is provided free office space in the...

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    The Union members blocked the ingress and egress of customers and employees to the Hotel premises, which caused the Hotel severe lack of manpower and forced the Hotel to temporarily cease operations resulting to substantial losses. On January 20, , the Hotel issued notices to Union members, preventively suspending them and charging them with the following offenses: 1 illegal picket; 2 violation of the company rule on Grooming Standards; 3 illegal strike; and 4 commission of illegal acts during the illegal strike. The Hotel later terminated the Union officials and members who participated in the strike.

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    The Union denied it engaged in an illegal strike and countered that the Hotel committed an unfair labor practice ULP and a breach of the freedom of speech. Was the mass action of the Union officials and members an illegal strike? The manager accused him of being responsible for the damage and was told to submit his written explanation within 48 hours. Pedro submitted his explanation within the period. The day. Pedro asks you, as his counsel, if the company complied with the procedural due process with respect to dismissal of employees.

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    The Club has a CBA with the Union and one of the stipulations is a Union Security Clause, which reads: "All regular rank-and-file employees who are members of the union shall keep their membership in good standing as a condition for their continued employment during the lifetime of this agreement. They were expelled by the Board of Directors of the Union for malversation. The Union then demanded that the Club dismiss said officials pursuant to the Union Security Clause that required maintenance of union membership. The Club required the three officials to show cause in writing why they should not be dismissed.

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    Later, the Club called the three Union officials for a conference regarding the charges against them. After considering the evidence submitted by the parties and their written explanations, the Club dismissed the erring officials. The dismissed officials sued the Club and the Union for illegal dismissal because there was really no malversation based on the documents presented and their dismissal from the Union was due to the fact that they were organizing another union.

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    To carry out the cessation, Zienna sent a Letter Request for Intervention to the NLRC for permission and guidance in effecting payment of separation benefits for its fifty 50 terminated employees. Each of the terminated employees executed a Quitclaim and Release before Labor Arbiter Nocomora, to whom the case was assigned. After the erstwhile employees received their separation pay, the Labor Arbiter declared the labor dispute dismissed with prejudice on the ground of settlement.

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    Thereafter, Zienna sold all of its assets to Zandra Company Zandra , which in tum hired its own employees. Nelle, one of the fifty 50 terminated employees, filed a case for illegal dismissal against Zienna. She argued that Zienna did not cease from operating since the corporation subsists as Zandra. Nelle pointed out that aside from the two companies having essentially the same equipment, the managers and owners of Zandra and Zienna are likewise one and the same. For its part, Zienna countered that Nelle is barred from filing a complaint for illegal dismissal against the corporation in view of her prior acceptance of separation pay.

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    Is Nelle correct in claiming that she was illegally dismissed? He immediately filed a Petition for Certification Election, attaching thereto the signatures of 70 employees. Garantisado vehemently opposed the petition, alleging that 25 signatories are probationary employees, while 5 are supervisors. It submitted the contracts of the 25 probationary employees and the job description of the supervisors. If you are the Director of Labor Relations, will you approve the holding of a Certification Election. Explain your answer. He has rendered exemplary service to the company for 20 years. His co-employee and kumpadre, Mac, called him over the phone and requested him to punch his Mac's daily time card as he Mac was caught in a monstrous traffic jam.

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    Dion acceded to Mac's request but was later caught by the Personnel Manager while punching. Mac's time card. The company terminated the employment of Dion on the ground of misconduct. Is the dismissal valid and just? On October 16, , Dr. Attached to the complaint was a letter of Minda, mother of a patient, who confirmed the following remarks against Dr. Ligaya: "Bakit si Dr. Ligaya pa ang napili mong 'pedia' eh ang tandatanda na n'un? The shoe shine boys were tested for their skill before being allowed to work and given ID cards.

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    They bought their own shoe shine boxes, polish, and rags. The boys were paid by their customers for their services but the payment is coursed through the store's cashier, who pays them before closing time. They were not supervised in their work by any managerial employee of the store but for a valid complaint by a customer or for violation of any company rule, they can be refused admission to the store. Were the boys employees of the store? Because of morning sickness, she frequently absented herself from work and often came to the factory only four 4 days a week. After two 2 months, the personnel manager told her that her habitual absences rendered her practically useless to the company and, thus, asked her to resign. She begged to be retained, citing her pregnancy as reason for her absences.

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    Tess asked for leave of absence but her request was denied. She went on leave nevertheless. As a result, she was thus dismissed for going on leave without permission of management. Tess filed a complaint for illegal dismissal. The company's defense: she was legally dismissed because of her numerous absences without leave and not because of her pregnancy. On the other hand, Tess argues that her dismissal was an act of discrimination, based as it was on her pregnancy which the company treated as a disease. Whose position is meritorious-the company's or Tess'? He entered into a contract of lease with Nick, whereby they agreed that the lease period is for one 1 year unless sooner terminated by Jim for any of the causes laid down in the contract. The rental is thirty thousand pesos P30, All the expenses for the repair of the jeepney, together with expenses for diesel, oil and service, shall be for the account of Nick.

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    Nick is required to make a deposit of three 3 months to answer for the restoration of the vehicle to its good operating condition when the contract ends. It is stipulated that Nick is not an employee of Jim and he holds the latter free and harmless from all suits or claims which may arise from the implementation of the contract. Nick has the right to use the jeepney at any hour of the day provided it is operated on the approved line of operation. After five 5 months of the lease and payment of the rentals, Nick became delinquent in the payment of the rentals for two 2 months. Jim, as authorized by the contract, sent a letter of demand rescinding the contract and asked for the arrearages. Nick responded by filing a complaint with the NLRC for illegal dismissal, claiming that the contract is illegal and he was just forced by Jim to sign it so he can drive.

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    He claims he is really a driver of Jim on a boundary system and the reason he was removed is because he failed to pay the complete daily boundary , of one thousand P1, Rule on the motion and explain. Rule on the issue and explain. He worked continuously in the sense that it was done for more than one harvesting season. Empire then entered into an agreement for manpower supply with Wave Human Resources Wave. Wave owns its condo office, owns equipment for the use by the TMRs, and has assets amounting to Pl,, Wave provided the supervisors who supervised the TMRs, who, in tum, received orders from the Marketing Director of Empire. In their agreement, the parties stipulated that Wave shall be liable for the wages and salaries of its employees or workers, including benefits, and protection due them, as well as remittance to the proper government entities of all withholding taxes, Social Security Service, and Philhealth premiums, in accordance with relevant laws.

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    Consequently, Wave hired them for a term of five 5 months, or from June 7, to November 6, , specifically to promote Empire's products. When the TMRs' 5-month contracts with Wave were about to expire, they sought renewal thereof, but were refused. Their contracts with Wave were no longer renewed as Empire hired another agency. This prompted them to file complaints for illegal dismissal, regularization, non-payment of service incentive leave and 13th month pay against Empire and Wave. It interposed an appeal by filing a Notice of Appeal and paid the corresponding appeal fee. However, instead of filing the required appeal bond equivalent to the total amount of the monetary award, Filmore filed a Motion to Reduce the Appeal Bond to P4,, Filmore cited financial difficulties as justification for its inability to post the appeal bond in full owing to the shutdown of its operations.

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    Very pleased with her services. Less than 1 year agoInitials hiddenSource: Partner I was very pleased to be able to get help for my problem so quickly. The Doctor knew right away what to do. Less than 1 year agoInitials hiddenSource: Partner This Provider was very helpful with my problem and recommended things to help with my discomfort. Less than 1 year agoInitials hiddenSource: Partner Had a great experience overall. I had all my questions answered by Mrs. Baldo and the nurse. Less than 1 year agoInitials hiddenSource: Partner She was very friendly, respectful, and professional. I felt very comfortable with her. Less than 1 year agoInitials hiddenSource: Partner Thanks to Regina Baldo for being able to squeeze me in last minute! She was wonderful! She is great!

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