This case has been cited 5 times or more.
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2009-04-16 |
CARPIO MORALES, J. |
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| Resignation is defined as the voluntary act of an employee who finds himself in a situation where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service and he has no other choice but to disassociate himself from his employment.[10] | |||||
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2006-04-12 |
TINGA, J. |
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| In this petition, Maricalum Mining insists that Decorion was not dismissed but merely preventively suspended on April 11, 1996. Citing the case of Valdez v. NLRC,[7] petitioner contends that constructive dismissal occurs only after the lapse of more than six (6) months from the time an employee is placed on a "floating status" as a result of temporary preventive suspension from employment. Thus, it goes on to argue, since Decorion was suspended for less than six (6) months, his suspension was legal. | |||||
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2005-08-08 |
TINGA, J. |
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| Furthermore, Art. 286 of the Labor Code allows the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, wherein an employee/employees are placed on the so-called "floating status." When that "floating status" of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation, and this would apply to suspension either of the entire business or of a specific component thereof.[34] | |||||
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2005-07-08 |
TINGA, J. |
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| Furthermore, Art. 286 of the Labor Code allows the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, wherein an employee/employees are placed on the so-called "floating status." When that "floating status" of an employee lasts for more than six months, he may be considered to have been illegally dismissed from the service. Thus, he is entitled to the corresponding benefits for his separation, and this would apply to suspension either of the entire business or of a specific component thereof.[34] | |||||