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CENTRAL AZUCARERA DE TARLAC v. CENTRAL AZUCARERA DE TARLAC LABOR UNION-NLU

This case has been cited 2 times or more.

2014-03-12
DEL CASTILLO, J.
The Non-Diminution Rule found in Article 100[39] of the Labor Code explicitly prohibits employers from eliminating or reducing the benefits received by their employees.  This rule, however, applies only if the benefit is based on an express policy, a written contract, or has ripened into a practice.[40]  To be considered a practice, it must be consistently and deliberately made by the employer over a long period of time.[41]
2013-04-15
MENDOZA, J.
This Court has already decided several cases regarding the non-diminution rule where the benefits or privileges involved in those cases mainly concern monetary considerations or privileges with monetary equivalents. Some of these cases are: Eastern Telecommunication Phils. Inc. v. Eastern Telecoms Employees Union,[17] where the case involves the payment of 14th, 15th and 16th month bonuses; Central Azucarera De Tarlac v. Central Azucarera De Tarlac Labor Union-NLU,[18] regarding the 13th month pay, legal/special holiday pay, night premium pay and vacation and sick leaves;  TSPIC Corp.  v.  TSPIC  Employees  Union, [19] regarding salary wage increases; and American Wire and Cable Daily Employees Union vs. American Wire and Cable Company, Inc.,[20] involving service awards with cash incentives, premium pay, Christmas party with incidental benefits and promotional increase.