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labor law

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Can an employee file a civil action in regular courts while their money claim is pending before the appropriate labor entity?

Legal Answers / Nicolas and De Vega Law Offices

Employees cannot file a civil court action arising from the same cause while their money claim is pending final labor determination.

Can an employee file a civil action in regular courts while their money claim is pending before the appropriate labor entity? Read More »

What is the required procedure if an employee wishes to resign voluntarily without any just cause attributable to the employer?

Legal Answers / Nicolas and De Vega Law Offices

Employees resigning without just cause must serve a written notice one month in advance to avoid being liable for damages.

What is the required procedure if an employee wishes to resign voluntarily without any just cause attributable to the employer? Read More »

Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty?

Legal Answers / Nicolas and De Vega Law Offices

Fulfilling military or civic duty does not terminate employment; employees must be reinstated upon returning within one month of relief.

Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty? Read More »

How does the law define regular employment and when does this classification apply to an employee?

Legal Answers / Nicolas and De Vega Law Offices

Regular employment involves tasks necessary to the employer’s usual business, excluding specific project-based or seasonal work engagements.

How does the law define regular employment and when does this classification apply to an employee? Read More »

Under what specific circumstances or causes is an employer legally permitted to terminate the services of an employee?

Legal Answers / Nicolas and De Vega Law Offices

Employers can terminate employees for just causes like serious misconduct, gross neglect, fraud, or crimes against the employer or their family.

Under what specific circumstances or causes is an employer legally permitted to terminate the services of an employee? Read More »

How is the term “one-half month salary” legally defined when computing the minimum retirement pay of an eligible employee?

Legal Answers / Nicolas and De Vega Law Offices

One-half month salary for retirement includes 15 days pay, 1/12 of 13th-month pay, and up to 5 days leave equivalent.

How is the term “one-half month salary” legally defined when computing the minimum retirement pay of an eligible employee? Read More »

What are the monetary benefits given to an employee who is terminated due to the installation of labor-saving devices or redundancy?

Legal Answers / Nicolas and De Vega Law Offices

Employees terminated for redundancy or labor-saving devices receive separation pay of at least one month per year of service.

What are the monetary benefits given to an employee who is terminated due to the installation of labor-saving devices or redundancy? Read More »

Can an employee resign or terminate the employer-employee relationship without serving any advance notice to the employer?

Legal Answers / Nicolas and De Vega Law Offices

Employees may immediately resign without notice due to serious insult, inhuman treatment, crimes by the employer, or similar abusive circumstances.

Can an employee resign or terminate the employer-employee relationship without serving any advance notice to the employer? Read More »

How long is the prescriptive period for filing money claims arising from employer-employee relations?

Legal Answers / Nicolas and De Vega Law Offices

Employees must file all money claims arising from employer-employee relations within three years from the time the cause of action accrued.

How long is the prescriptive period for filing money claims arising from employer-employee relations? Read More »

Under the law, what is the maximum duration for a probationary employment before an employee must be considered regular?

Legal Answers / Nicolas and De Vega Law Offices

Probationary employment cannot exceed six months; employees allowed to work beyond this period are automatically considered regular employees.

Under the law, what is the maximum duration for a probationary employment before an employee must be considered regular? Read More »

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