Sadsad Tamesis Legal and Accountancy Firm

August 2024

How should the backwages of an illegally dismissed employee be computed?: C.P. Reyes Hospital v Barbosa

G.R. 228357, 16 April 2024 Facts In September 2013, Barbosa signed a six-month probationary employment contract with C.P. Reyes Hospital. During this period, she would train as a Staff Nurse, then as a Ward Head Nurse, then as a Training Supervisor. However, on December 30, 2023, C.P. Reyes Hospital terminated her probationary employment, citing negative performance feedback. toto macau 4d sugar rush x1000 game slot toto slot slot gacor 4d bandar togel sgp slot thailand situs toto slot online slot gacor slot gacor 4d slot gacor 4d togel slot slot gacor 4d togel online terpercaya toto slot toto slot agen judi bola toto togel toto slot daftar totoagung togel slot slot gacor 4d slot gacor 4d login slot gacor slot qris link gacor slot gacor slot qris togel slot link gacor toto slot idn toto restoslot4d pay4d panel slot qris terbaru slot gacor maxwin toto slot slot gacor olympus idn slot slot gampang menang bandar togel terpercaya amintoto angka akurat slot gacor 4d toto slot slot gacor 4d This prompted Barbosa to file a complaint for illegal dismissal against C.P. Reyes Hospital. The Labor Arbiter ruled in favor of  Barbosa and ruled that she was illegally dismissed. The LA based its decision on the numerical passing marks given by Barbosa’s evaluators showing that she successfully met C.P. Reyes Hospital’s standards. daftar cantiktoto pay4d login The NLRC subsequently reversed the decision of the Labor Arbiter, but the Court of Appeals reinstated the Labor Arbiter’s ruling in favor of Barbosa. Barbosa filed a petition for review on certiorari with the Supreme Court. Issues: Ruling The Supreme Court ruled that Barbosa was illegally dismissed; and hence, entitled to backwages. Probationary employment may be terminated when the employee fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of engagement. However, in Barbosa’s case, the Court found her dismissal baseless since she obtained the passing grades needed to meet the standards for regularization based on the probationary employment contract. On the other hand, the Court found C.P. Reyes Hospital’s claims of unsatisfactory performance as ungenuine as they were only issued two weeks after Barbosa had already been terminated and without an accompanying performance evaluation. As Barbosa was illegally dismissed, she is entitled to reinstatement, full back wages, and other benefits. The Court clarified that illegally dismissed probationary employees, like regular employees, are entitled to backwages up to their actual reinstatement and not only until the end of their probationary period. In case reinstatement is not feasible, backwages shall be computed from the time compensation was withheld up to the finality of the Decision in the illegal dismissal case. The Court held that both the Constitution and the Labor Code did not distinguish between regular and probationary employees in guaranteeing the right to security of tenure. It added that the mere lapse of the probationary period without regularization does not by itself sever the employment relationship. Without any valid grounds to dismiss a probationary employee, there is no basis to terminate the employment. Thus, the employee is entitled to work even beyond the probationary period. The Court thus ruled that in Barbosa’s case, backwages should be computed from January 1, 2014, when compensation was withheld from her, until the finality of the Court’s decision.

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The Differences Between Contract to Sell vs Contract of Sale

Acquiring property is a process that is known for its long, complicated paperwork. It can be confusing and overwhelming to keep track of it all throughout the process. However, it’s essential for you to know the differences of each one to ensure that you don’t make any mistakes. Two documents that one might assume are the same are the ‘contract to sell’ and the ‘contract of sale.’ While they sound similar, they are certainly not interchangeable. Knowing the differences early on will make the property transaction process much easier for you later. Here’s what you need to know about the Contract to Sell and the Contract of Sale. What is a Contract to Sell? A contract to sell is a bilateral contract, meaning both parties involved have agreed to fulfill their part of the deal. In this case, the seller has agreed to sell his/her property to the buyer, and the buyer has confirmed his/her intent to buy it.  slot qris totoagung slot qris However, the property is not immediately put under the new buyer’s name. The transfer of ownership will only occur when certain conditions that are agreed on by both parties are met. This contract reserves ownership of the property for the buyer until both parties are able to fulfill their respective conditions. data macau slot thailand slot qris toto slot slot gacor maxwin pay4d sbobet bandar toto toto macau 4d totoagung toto macau pay4d toto slot slot gacor 777 slot terpercaya slotgacor4d slot 4d toto macau situs togel online idn togel slot gacor 4d slot gacor 4d slot thailand slot olympus toto slot slot gacor situs toto gacor situs toto Examples of conditions that one or both parties must fulfill before the actual transfer include: Once these conditions are met, the buyer and seller can then proceed with the transfer of ownership. What is a Contract of Sale? A contract of sale is also an agreement between the seller and buyer, whereby the seller has agreed to sell his/her property to the buyer and the buyer has agreed to pay for it. Unlike a contract to sell, however, the transfer of ownership occurs immediately once the contract of sale is signed, the buyer has fully paid, and the seller has given the property to the buyer.  pay4d heylink Take note that while it is possible to sell items or properties that are non-existent at the time of sale, such as a pre-sold condominium unit in a condominium building that has not yet been built, you likely won’t encounter a contract of sale for such a situation. It’s more common for contracts of sale to pop up if the property already exists. A buyer and seller can agree to a transfer of ownership before the buyer has fully paid, under the condition that if the buyer fails to complete his/her payment, the seller has the right to take back the property.  What are the main differences? The main way you can differentiate these two documents is remembering how it handles the transfer of ownership. Under a contract to sell, the transfer is withheld until both parties fulfill the conditions given to them. Under a contract of sale, the transfer is immediate. However, the seller can take it back if the buyer fails to pay. It’s important to understand the differences between the two if you’re planning on dealing with property, either as a buyer or seller. Otherwise, you could run into misunderstandings with the other party, which could then snowball into unnecessary legal disputes. It’s also important to have a trustworthy real estate attorney to help you throughout the transaction process.

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