sic itur ad astra

  Labor Law | No Work - No Pay Facts:  International School, Inc.   hires both foreign and local teachers as members of its faculty, classifying the same into two: (1) foreign-hires and (2) local-hires. The School grants foreign-hires certain benefits not accorded local-hires.  These include housing, transportation, shipping costs, taxes, and home leave travel allowance.  Foreign-hires are also paid a salary rate twenty-five percent (25%) more than local-hires.  The School justifies the difference on two "significant economic disadvantages" foreign-hires have to endure, namely: (a) the "dislocation factor" and (b) limited tenure.  International School Alliance of Educators  contested the difference in salary rates between foreign and local-hires. They c laims that the point-of-hire classification employed by the School is discriminatory to Filipinos and that the grant of higher salaries to foreign-hires constitutes racial discrimination. DOLE Secr...

Labor Law | No Work - No Pay Facts:  The Philippine Association of Free Labor Unions (PAFLU) declared a 17-day strike. The strike was staged in defiance of  Court of Industrial Relations (CIR)  order to maintain the status quo. The Social Security System (SSS) filed an Urgent Petition to declare the strike illegal. The SSS Supervisors' Union,  filed a Motion for Intervention, claiming that they did not participate in the strike:  That its members wanted to report for work but were prevented by the picketers from entering the work premises;  That under the circumstances, they were entitled to their salaries corresponding to the duration of the strike, which could be deducted from the accrued leave credits of their members. The SSS opposed the demand for the payment of salaries pertaining to the entire period of the strike. CIR: Issued an Order to  ordering the payment of salaries of the members of respondent Union during the strike period, bu...

Labor Law | No Work - No Pay Facts:  Armando Dolina   was training as a pilot with P hilippine Airlines, Inc. (PAL) but  was not qualified for regular employment due to insufficient flying hours and result of his medical examination .  In  1976 , he was put  under preventive suspension pending his termination. He countered with a complaint for illegal dismissal. In  1977 ,  the Department of Labor Regional OIC lifted the preventive suspension, and ordered petitioner to reinstate Dolina to his former position with full back wages from up to actual reinstatement.  The issue on  termination was referred to the Executive Labor Arbiter for compulsory arbitration.  PAL and Dolina entered into an agreement stating that Dolina shall be considered in the payroll  pending final resolution of the case by arbitration. In  1979 ,  the Labor Arbiter found the termination valid.  PAL removed Dolina from its payroll...

Title II WAGES Chapter I PRELIMINARY MATTERS Q: May an employer pay some of its employees the agricultural rate and the others, the industrial rate? Q: What are the different bases of wage calculations? Q: What are ''facilities"? Are their values deductible from the employee's wage? Art. 97. Definitions. As used in this Title: a. “ Person ”  means an       individual,       partnership,       association,       corporation,       business trust,       legal representatives,       or any organized group of persons . b. “ Employer ”  includes any person  acting directly or indirectly  in the interest of an employer  in relation to an employee and shall include the government and all its branches, subdivisions and instrumentalities,  all government-owned or controlled corporations and institutions ,  as wel...

 Chapter 1  GENERAL PROVISIONS ARTICLE 1767.   By the contract of partnership  two or more persons bind themselves  to contribute money, property, or industry  to a common fund,  with the intention of dividing the profits among themselves. Two or more persons may also form a partnership  for the exercise of a profession.  Characteristic elements of partnership. (CNBO-CPP) Consensual Nominate Bilateral Onerous  Commutative Principal Preparatory Essential features of a partnership. (VLMLP) Valid contract  Legal capacity  Mutual contribution of money, property and industry to a common fund Lawful object Purpose must be to divide the profits among themselves Contribution. Money – currency which is legal tender in the Philippines Property –real or personal, corporeal or incorporeal  Industry – active cooperation, work (personal, manual efforts or intellectual) ART. 1768.  The partnership has a juridical personality s...