This case has been cited 3 times or more.
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2015-03-18 |
VELASCO JR., J. |
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| Foremost, respondents were fixed-term employees. As previously held by this Court, fixed-term employment contracts are not limited, as they are under the present Labor Code, to those by nature seasonal or for specific projects with predetermined dates of completion; they also include those to which the parties by free choice have assigned a specific date of termination.[11] The determining factor of such contracts is not the duty of the employee but the day certain agreed upon by the parties for the commencement and termination of the employment relationship.[12] | |||||
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2014-11-26 |
MENDOZA, J. |
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| For said reason, at the outset, the supposed project employment contract was highly doubtful. In determining the true nature of an employment, the entirety of the contract, not merely its designation or by which it was denominated, is controlling.Though there is a rule that conflicting provisions in a contract should be harmonized to give effect to all,[36] in this case, however, harmonization is impossible because project employment and probationary employment are distinct from one another and cannot co-exist with each other.Hence, should there be ambiguity in the provisions of the contract, the rule is that all doubts, uncertainties, ambiguities and insufficiencies should be resolved in favor of labor.[37] This is in consonance with the constitutional policy of providing full protection to labor. | |||||
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2009-06-23 |
CHICO-NAZARIO, J. |
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| Thus, it is necessary for this Court to clarify and explicitly declare that no liability for respondent's illegal dismissal should attach to petitioners Aguiluz and Cruz, and respondent's complaint as against them should be dismissed. Unless they have exceeded their authority, corporate officers are, as a general rule, not personally liable for their official acts, because a corporation, by legal fiction, has a personality separate and distinct from its officers, stockholders and members. It is true that as an exception, corporate directors and officers are solidarily held liable with the corporation, where terminations of employment are done with malice or in bad faith; but where there is an absence of evidence that said directors and officers acted with malice or bad faith, as in this case, the Court must exempt them from any personal liability for the employee's illegal dismissal.[48] | |||||