Express or implied agency

An agency may be expressly agreed upon or implied.[1] It may be oral unless otherwise required by law to be in a specific form.[2] Conversely, it is implied from: (a) the acts of the principal, or (b) his silence or his failure to repudiate the agency, in both cases the principal knows that another person is acting on his behalf without his authority.[3]

An agent may accept the agency expressly or impliedly.[4] Acceptance is implied from: (a) agent’s acts which carry out the agency, or (b) his silence or inaction according to the circumstances.[5]

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Due Process Termination

In line with the management prerogative, the employer is allowed to terminate the services of the employee provided that substantive and procedure due process are observed.[1]

Substantive due process is complied with once the grounds are established to justify a disciplinary action. On the other hand, procedural due process is complied with once the required processes under the law are observed.

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Employee Resignation

The employee has the right to resign from his employment resulting in its termination.[1] Resignation is “the voluntary act of an employee who is in a position where he believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and he has no other choice but to disassociate himself from employment.”[2]

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Separation Pay

Separation pay is given to employees whenever the cause of termination of employment is attributable to authorized causes,[1] as well as in cases where employment of an employee who initiated a labor complaint is no longer feasible due to strained relations.[2]

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Employment Arrangements

The law recognizes these various arrangements by the employer and the employee depending on the nature of the employment: regular, probationary, project, fixed-period or term, seasonal, casual.

These different setups are due to various reasons. For regular employment, the employer benefits from a full-time employee who in turn will receive all statutory and company benefits. Meanwhile, in probationary employment, the employer has the opportunity to assess the performance of the employee who will prove that he is suitable for the position. As for project, fixed-period or term, seasonal, and casual employments, the employer and the employee mutually benefits from an arrangement where neither one will be committed to continue employment after the expiration of he project, term, season, or incidental activity.

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