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Equal Protection Discussion

The document discusses key legal doctrines and cases related to employment law, focusing on the obligations of employers and employees, valid causes for termination, and due process requirements. It highlights the importance of fair compensation, the principle of equal pay for equal work, and the implications of company policies as implied contracts. Additionally, it addresses constitutional protections against discrimination and the necessity of adhering to performance standards in employment contexts.

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Rommel P. Abas
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9 views3 pages

Equal Protection Discussion

The document discusses key legal doctrines and cases related to employment law, focusing on the obligations of employers and employees, valid causes for termination, and due process requirements. It highlights the importance of fair compensation, the principle of equal pay for equal work, and the implications of company policies as implied contracts. Additionally, it addresses constitutional protections against discrimination and the necessity of adhering to performance standards in employment contexts.

Uploaded by

Rommel P. Abas
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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Comprehensive Legal Discussion on Key Doctrines and Cases

1. Findings of Fact in Quasi-Judicial Agencies


Findings of fact by quasi-judicial agencies like the National Labor Relations Commission (NLRC) are

generally given finality if supported by substantial evidence. However, when the NLRC and the
Labor Arbiter
present conflicting findings, a reviewing court may reassess the evidence.

2. Just and Valid Cause for Termination


Employers must have a valid reason for terminating an employee and provide due process. Article
282 of the
Labor Code lists just causes, including serious misconduct, gross neglect of duty, fraud, commission
of a crime,
and analogous causes.

3. Abandonment as a Just Cause for Termination


Abandonment requires two elements: (1) absence from work without justifiable reason and (2) a
clear intention
to sever the employer-employee relationship.

4. Employer and Employee Obligations


Employers must ensure fair compensation and due process, while employees must demonstrate
diligence,
loyalty, and good conduct.

5. Just vs. Authorized Causes for Termination


- Just causes involve employee fault and do not require separation pay.
- Authorized causes arise from employer prerogative (e.g., retrenchment) and require separation
pay.

6. Probationary Employment and Regularization


Probationary employees have security of tenure but may be terminated for just or authorized
causes, or for
failing to meet regularization standards communicated at hiring.

7. Failure to Inform Probationary Employees of Standards


If an employer does not inform a probationary employee of regularization standards at hiring, the
employee is
deemed regular.

8. Performance Standards as an Implied Qualification


Adequate job performance is inherently required for regularization, especially for managerial
positions.

9. Termination Procedure for Probationary Employees


The usual two-notice rule does not apply. A single written notice within a reasonable period suffices.

10. Company Policies as Implied Contracts


Company policies may create implied contractual obligations if employees continue working under
them.

11. Invalid Dismissal Procedure and Nominal Damages


If a just cause exists but due process is not followed, employers must pay nominal damages.

12. Police Power and Salus Populi Est Suprema Lex


The doctrine states that public welfare is the supreme law. The government, under its police power,
can regulate
in the interest of public health, safety, and morals.

13. Equal Protection Clause and Valid Classification


The Equal Protection Clause does not apply if there is a valid classification, which must:
- Be based on substantial distinctions (real, not arbitrary differences)
- Be germane to the law's purpose
- Apply equally to all within the same class
- Be based on public interest

14. Constitutional, Statutory, and Contractual Due Process


- Constitutional Due Process: Fundamental protection under the Constitution (e.g., fair trial, property
rights).
- Statutory Due Process: Procedural protections required by law (e.g., termination notice in labor
cases).
- Contractual Due Process: Rights and procedures agreed upon in contracts.

15. Equal Pay for Equal Work


The principle ensures that employees performing substantially similar work under similar conditions
receive
equal compensation, preventing wage discrimination.

16. International School Alliance v. Quisumbing (G.R. No. 128845)


Facts: The case involved discriminatory wage practices at the International School Manila, where
foreign-hired
teachers received significantly higher salaries than locally hired teachers despite performing
identical work. The
Supreme Court ruled in favor of equal pay, emphasizing the principle of "equal pay for equal work."

17. Public Policy Against Inequality and Discrimination


- The Constitution mandates reducing social, economic, and political inequalities.
- Article 19 of the Civil Code requires all persons to act with justice, give everyone their due, and
observe
honesty and good faith.
- Policies and laws must uphold fairness and prohibit discrimination in employment and other areas.

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