This case has been cited 1 times or more.
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2012-02-15 |
PERALTA, J. |
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| Beginning June 5, 2003, respondent should have reported back to work, but he failed to do so. Consequently, he can only be entitled to compensation for the actual number of work days. It would be unfair to allow respondent to recover something he has not earned and count not have earned, since he could not discharge his work as NSM. Petitioner should be exempted from the burden of paying backwages. The age-old rule governing the relation between labor and capital, or management and employee, of "a fair day's wage for a fair day's labor" remains as the basic factor in determining employee's wages. If there is no work performed by the employee, there can be no wage or pay unless, of course, the laborer was able, willing and ready to work but was illegally locked out, suspended or dismissed, or otherwise illegally prevented from working, a situation which is not prevailing in the present case.[37] | |||||