LABOR LAW REVIEWER FOR THE 2013 BAR EXAMS:BRILLIANCY AND BLITZ NOTES: The following are the requisites for the valid implementation of a redundancy program: (a) the employer must serve a written notice to the affected employees and to the Department of Labor and Employment (DOLE) at least one month before the intended date of termination; (b) the employer must pay the employees separation pay equivalent to at least one month pay or at least one month pay for every year of service, whichever is higher; (c) the employer must abolish the redundant positions in good faith; and (d) the employer must set fair and reasonable criteria in ascertaining which positions are redundant and may be abolished. The Supreme Court has also held that a company cannot simply declare redundancy without basis. To exhibit its good faith and to show that there were fair and reasonable criteria in ascertaining redundant positions, a company claiming to be over manned must produce adequate proof of the same. (Citation omitted) (2013 TACORDA BIDO BERNABE DE LA VEGA & NAPAY LITUSQUEN NOTES, 1547057 data bank USB/notes/files SEPT.)
Posted on: Sat, 07 Sep 2013 04:15:40 +0000
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