This case has been cited 2 times or more.
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2013-04-01 |
VELASCO JR., J. |
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| Generally, employees have a demandable right over existing benefits voluntarily granted to them by their employers. And if the grant or benefit is founded on an express policy or has, for a considerable period of time, been given regularly and deliberately, then the grant ripens into a vested right[26] which the employer cannot unilaterally diminish, discontinue or eliminate[27] without offending the declared constitutional policy on full protection to labor.[28] So it must be here with respect, at the minimum, to the lodging accommodation which TAWTRASCO, as found by the NLRC, appears to have regularly extended for free for some time to petitioner. | |||||
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2011-09-14 |
MENDOZA, J. |
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| Generally, employees have a vested right over existing benefits voluntarily granted to them by their employer, thus, said benefits cannot be reduced, diminished, discontinued or eliminated by the latter.[29] This principle against diminution of benefits, however, is applicable only if the grant or benefit is founded on an express policy or has ripened into a practice over a long period of time which is consistent and deliberate.[30] It does not contemplate the continuous grant of unauthorized or irregular compensation but it presupposes that a company practice, policy and tradition favourable to the employees has been clearly established; and that the payments made by the company pursuant to it have ripened into benefits enjoyed by them.[31] The test or rationale of this rule on long practice requires an indubitable showing that the employer agreed to continue giving the benefits knowing fully well that said employees are not covered by the law requiring payment thereof.[32] In sum, the benefit must be characterized by regularity, voluntary and deliberate intent of the employer to grant the benefits over a significant period of time.[33] | |||||