Within what period must an individual file a complaint for an unfair labor practice before the appropriate agency?
Unfair labor practice complaints must be filed within one year from accrual, otherwise the claims shall be forever barred.
Can an employee file a civil action in regular courts while their money claim is pending before the appropriate labor entity?
Employees cannot file a civil court action arising from the same cause while their money claim is pending final labor determination.
What is the required procedure if an employee wishes to resign voluntarily without any just cause attributable to the employer?
Employees resigning without just cause must serve a written notice one month in advance to avoid being liable for damages.
Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty?
Fulfilling military or civic duty does not terminate employment; employees must be reinstated upon returning within one month of relief.
How does the law define regular employment and when does this classification apply to an employee?
Regular employment involves tasks necessary to the employer’s usual business, excluding specific project-based or seasonal work engagements.
Under what specific circumstances or causes is an employer legally permitted to terminate the services of an employee?
Employers can terminate employees for just causes like serious misconduct, gross neglect, fraud, or crimes against the employer or their family.
How is the term “one-half month salary” legally defined when computing the minimum retirement pay of an eligible employee?
One-half month salary for retirement includes 15 days pay, 1/12 of 13th-month pay, and up to 5 days leave equivalent.
What are the monetary benefits given to an employee who is terminated due to the installation of labor-saving devices or redundancy?
Employees terminated for redundancy or labor-saving devices receive separation pay of at least one month per year of service.
Can an employee resign or terminate the employer-employee relationship without serving any advance notice to the employer?
Employees may immediately resign without notice due to serious insult, inhuman treatment, crimes by the employer, or similar abusive circumstances.
How long is the prescriptive period for filing money claims arising from employer-employee relations?
Employees must file all money claims arising from employer-employee relations within three years from the time the cause of action accrued.
