This case has been cited 1 times or more.
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2014-11-19 |
DEL CASTILLO, J. |
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| Under Article 279 of the Labor Code, as amended by Republic Act No. 6715, an employee who is unjustly dismissed shall be entitled to (1) reinstatement without loss of seniority rights and other privileges; and, (2) full backwages, inclusive of allowances, and to other benefits or their monetary equivalent computed from the time his compensation was withheld up to the time of actual reinstatement. If reinstatement is no longer viable, separation pay is granted.[56] "[S]eparation pay is intended to provide the employee money during the period in which he will be looking for another employment."[57] Backwages, on the other hand, "are granted on grounds of equity for earnings lost by an employee due to his illegal dismissal."[58] | |||||