… this Court had occasion to reiterate management’s prerogative to close or abolish a department or section of the employer’s establishment for economic reasons. We reasoned out that since the greater right to close the entire establishment and cease operations due to adverse economic conditions is granted an employer, the closure of a part thereof to minimize expenses and reduce capitalization should also be recognized.

 Dangan v. Tierra Factors Corporation, G.R. No. 63127-28, 20 February 1984

Extent of Joint and Solidarily Liability in Contracting or Subcontracting

The joint and several liability of the employer or principal was enacted to ensure compliance with the provisions of the Code, principally those on statutory minimum wage. The contractor or subcontractor is made liable by virtue of his or her status as a direct employer, and the principal as the indirect employer of the contractors employees. This liability facilitates, if not guarantees, payment of the workers compensation, thus, giving the workers ample protection as mandated by the 1987 Constitution. This is not unduly burdensome to the employer. Should the indirect employer be constrained to pay the workers, it can recover whatever amount it had paid in accordance with the terms of the service contract between itself and the contractor.

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Employee’s consent to retrenchment: DOLE notice not necessary

By the same token, if an employee consented to his retrenchment or voluntarily applied for retrenchment with the employer due to the installation of labor-saving devices, redundancy, closure or cessation of operation or to prevent financial losses to the business of the employer, the required previous notice to the DOLE is not necessary as the employee thereby acknowledged the existence of a valid cause for termination of his employment.

– International Hardware, Inc. v. Pedroso, G.R. No. 80770, 10 August 1989

Transfer of Copyright

The copyright may be assigned in whole or in part.[1] Within the scope of the assignment, the assignee is entitled to all the rights and remedies which the assignor had with respect to the copyright.[2] The copyright is not deemed assigned inter vivos (during one’s life time) in whole or in part unless there is a written indication of such intention.[3]

The submission of a literary, photographic or artistic work to a newspaper, magazine or periodical for publication constitute only a license to make a single publication unless a greater right is expressly granted.[4]

If two or more persons jointly own a copyright or any part thereof, neither of the owners is entitled to grant licenses without the prior written consent of the other owner/s.[5]

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Management Prerogative: Discretionary Power of the Employer

“Jurisprudence recognizes the exercise of management prerogatives. Labor laws also discourage interference with an employer’s judgment in the conduct of its business. For this reason, the Court often declines to interfere in legitimate business decisions of employers. The law must protect not only the welfare of employees, but also the right of employers.

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