Evidence of Constructive Dismissal: What Employees Need to Prove in the Philippines
Learn what employees must prove in a constructive dismissal case in the Philippines, which records matter, and how to organize evidence for SEnA or NLRC proceedings.
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Forced Resignation in the Philippines: When It Becomes Constructive Dismissal
A resignation is not necessarily voluntary just because an employee signed a resignation letter. Learn when forced resignation becomes constructive dismissal, what evidence matters, who bears the burden of proof, and what employees and employers should do next.
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Can an Employer Transfer You Without Consent in the Philippines?
An employer generally does not need an employee’s consent to transfer or reassign them — but the move must pass a two-part legal test: no demotion or diminution of pay and benefits, and no unreasonableness, prejudice, or bad faith. This guide covers the Supreme Court test, key cases from 1989 to 2021, and what employees and employers should do when a transfer is disputed.
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Floating Status in the Philippines: 6-Month Rule, Pay and Constructive Dismissal
Floating status lets a security agency keep an employee on the books without pay while waiting for a new client assignment — but only for a maximum of six months. This guide covers the Article 301 legal basis, the Supreme Court’s six-month rule and burden of proof, red flags for abuse, and what happens once floating status ripens into constructive dismissal.
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Workplace Sexual Harassment as Constructive Dismissal: The Xerox Case (Buban v. Dela Peña)
Buban v. Dela Peña (G.R. No. 268399) shows how unaddressed workplace sexual harassment can be constructive dismissal, and when RA 7877 makes employers solidarily liable.
