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PHILIPPINE CARPET EMPLOYEES ASSOCIATION v. PATRICIA STO. TOMAS

This case has been cited 3 times or more.

2013-02-18
PERLAS-BERNABE, J.
Retrenchment is defined as the termination of employment initiated by the employer through no fault of the employee and without prejudice to the latter, resorted by management during periods of business recession, industrial depression or seasonal fluctuations or during lulls over shortage of materials. It is a reduction in manpower, a measure utilized by an employer to minimize business losses incurred in the operation of its business.[49]
2010-07-12
DEL CASTILLO, J.
For the implementation of a redundancy program to be valid, the employer must comply with the following requisites: (1) written notice served on both the employees and the DOLE at least one month prior to the intended date of termination of employment; (2) payment of separation pay equivalent to at least one month pay for every year of service; (3) good faith in abolishing the redundant positions; and (4) fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished.[25]
2008-08-28
NACHURA, J.
As to the order of reinstatement, the Court modifies the same in that if it is no longer feasible considering the length of time that the employees have been out of petitioner's employ,[23] the company is ordered to pay the illegally dismissed STFWU members separation pay equivalent to one (1) month pay, or one-half (1/2) month pay for every year of service, whichever is higher.[24]