Lawyerly

You're currently signed in as:
User

HINATUAN MINING CORPORATION v. NLRC

This case has been cited 3 times or more.

	GR No. 163924 2009-06-18	'J' MARKETING CORPORATION v. CESAR L. TARAN PERALTA, J.
It is well to note that there is no provision in the Labor Code that grants separation pay to voluntarily resigning employees. Separation pay may be awarded only in cases when the termination of employment is due to (a) installation of labor-saving devices, (b) redundancy, (c) retrenchment, (d) closing or cessation of business operations, (e) disease of an employee and his continued employment is prejudicial to himself or his co-employees, or (f) when an employee is illegally dismissed but reinstatement is no longer feasible. In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or collective bargaining agreement (CBA), or it is sanctioned by established employer practice or policy.[33]
	GR NO. 146762 2007-01-30	CULVER B. SUICO v. NLRC AUSTRIA-MARTINEZ, J.
Company policies or practices are binding on the parties.[60] Some can ripen into an obligation on the part of the employer,[61] such as those which confer benefits on employees [62] or regulate the procedures and requirements for their termination.[63] Thus, in Batangas Laguna Tayabas Bus Company (BLTB) v. Court of Appeals,[64] the Court held that the employer BLTB is obliged under the Service Manual it issued to grant an erring employee the right to be heard and defend himself, and to apply the table of penalties fixed therein.
	GR NO. 158251 2005-03-31	HANFORD PHILIPPINES v. SHIRLEY JOSEPH SANDOVAL-GUTIERREZ, J.
In Hinatuan Mining Corporation and/or the Manager versus National Labor Relations and Margo Batister,[14] we held that while it is true that under the Labor Code, an employee who voluntarily resigns may not be granted separation pay, as in fact, the general rule is that an employee who voluntarily resigns is not entitled to separation pay, however, there is an exception, that is, when it is stipulated in the employment contract or CBA or such payment is authorized by the employer's practice or policy, as in this case.[15]