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Disallowing the right to appeal in a certification election involving unorganized establishment: Is it a valid rule?
by POINT OF LAW By Jefferson M. Marquez - June 15, 2004 - 12:00am
The principle is well-enshrined that administrative regulations must always be in harmony with the provisions of the law because any resulting discrepancy between the two will always be resolved in favor of the basic...
‘The potion in demotion’
by POINT OF LAW By Jefferson M. Marquez - September 9, 2003 - 12:00am
Can an employer fire or dismiss an employee for being inefficient after the employee had become a permanent employee? More often than not, the employer hesitates. Not only because the employer is required to comply...
Placing an erring employee under preventive suspension: Is this a violation of the worker’s right to due process?
by POINT OF LAW By Jefferson M. Marquez - August 19, 2003 - 12:00am
An employee who is found guilty of committing a malfeasance or misfeasance is usually penalized by his employer with suspension, if not, termination of employment. However, before any such penalty may be imposed,...
Terminating the employment of a probationary employee: The law, rules and applicable jurisprudence
by POINT OF LAW By Jefferson M. Marquez - December 17, 2002 - 12:00am
To begin, an owner of a business enterprise is given consideration leeway in managing his business because it is deemed important to society as a whole that he should succeed. Our law, therefore, recognizes certain...
Power to hire: Is this an absolute prerogative of the employer?
by POINT OF LAW By Jefferson M. Marquez - December 3, 2002 - 12:00am
It is the right of an employer to hire its own employees. Labor laws do not, generally, authorize interference with the employer’s judgment in the conduct of its business. Thus, the determination of the qualifications...
Compensating a worker below the minimum wage: Is this allowed?
by POINT OF LAW By Jefferson M. Marquez - November 26, 2002 - 12:00am
When there exists an employer-employee relationship, the employer is required by law to pay his employee a daily wage not below the daily minimum wage. The daily minimum wage is fixed by the Regional Tripartite Wages...
Random drug testing in a private workplace under Dangerous Drugs Act of 2002
by POINT OF LAW By Jefferson M. Marquez - November 19, 2002 - 12:00am
( Conclusion ) Significantly, through the hard work of our lawmakers, Republic Act No. 9165 otherwise known as the "Comprehensive Dangerous Drugs Act of 2002" was recently enacted.
Random drug testing in a private workplace under Dangerous Drugs Act of 2002
by POINT OF LAW By Jefferson M. Marquez - November 5, 2002 - 12:00am
An oft-repeated query by most private employers is with regard to their right to conduct compulsory mandatory drug testing of its employees. We have always previously opined that a mandatory or compulsory drug testing...
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