This case has been cited 2 times or more.
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2007-08-14 |
AUSTRIA-MARTINEZ, J. |
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| The rules on payment of backwages to employees who are reinstated after having been wrongfully dismissed or suspended are clear-cut. Backwages are due said employees, provided that their reinstatement is based on an express finding that they did not commit the imputed offense, and that their dismissal or suspension was illegal.[31] The amount of backwages that may be awarded to them shall be based on their salaries accruing from the time of their dismissal until their actual reinstatement, for a period not exceeding five years.[32] It need not depend on actual services rendered, for they are excused for their inability to work during the period of their illegal dismissal or suspension.[33] In short, they are not subject to the policy of "no work, no pay," for they were unlawfully prevented from rendering work.[34] | |||||