What is fraud or willful breach?
Such breach is willful if it is done intentionally, knowingly, and purposely, without justifiable excuse as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently.
What is the meaning of breach of trust?
Meaning of breach of trust in English a failure to act responsibly for someone who has given you something to keep safe, for example money or a company’s secret information: Investors are claiming losses as a result of a breach of trust by the bank.
What is Article 297 of the labor code?
Just causes for termination of employment (Article 297 of the Labor Code) are as follows: a. Serious misconduct. To be a valid ground for termination, there must be a misconduct which must be of such grave and aggravated character.
What is Article 282 of the labor code?
According to Article 282 of the Labor Code, an employer can terminate an employee for just causes, which could be any of the following: commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and.
What is the rule of termination?
State labor law in Karnataka and Tamil Nadu—Under the Karnataka Shops and Establishments Act, 1961 and the Tamil Nadu Shops and Establishments Act, 1947, an employer cannot terminate an employee who has been with the enterprise for more than six months, except on the grounds of “reasonable cause.” In addition, an …
Does 40 03 have a Lawphil?
– All persons employed in commercial, industrial and agricultural enterprises, including employees of government owned or controlled corporations without original charters established under the Corporation Code, as well as employees of religious, charitable, medical or educational institutions whether operating for …
What is the contract bar rule?
The “contract-bar rule” is procedural which this Court in its discretion may apply or waive as the facts of any given case may demand in the interest of stability and fairness in collective bargaining agreements. The contract between the intervenor and the company falls under this criterion.
What is deadlock bar rule?
The Deadlock Bar Rule simply provides that a petition for certification election can only be. entertained if there is no pending bargaining deadlock submitted to conciliation or arbitration or. had become the subject of a valid notice of strike or lockout.
What is CBA in labor?
What is Collective Bargaining? It is a process where the parties agree to fix and administer terms and conditions of employment which must not be below the minimum standards fixed by law, and set a mechanism for resolving their grievances. 2. What is Collective Bargaining Agreement (CBA)?
Is a CBA legally binding?
Collective bargaining results in a collective bargaining agreement (CBA), a legally binding agreement that lays out policies agreed to by management and labor. Because of its role in governing the actions of both management and labor, a CBA is often referred to as the “law” of the workplace.
What is a labor dispute example?
For example, if an employer refuses to accept a certain wage offered by a union in a collective bargaining agreement and then offers the workers a higher wage than the union had demanded, that is an unfair labor practice.
What constitutes unfair labor practices?
An unfair labor practice is an action by an employer or a union that violates the National Labor Relations Act (NLRA). The National Labor Relations Board (NLRB) has created an extensive listing of employer actions that it considers would unduly interfere with an individual employee’s labor rights.
What is an example of unfair labor practice?
Examples include: Refusing to process a grievance because an employee is not a union member. Threatening an employee for filing a ULP charge. Refusing to negotiate in good faith with an agency.
What makes a strike legal or illegal?
LEGAL STRIKE one called for a valid purpose and conducted through means allowed by law. ILLEGAL STRIKE – one staged for a purpose not recognized by law, or if for a valid purpose, conducted through means not sanctioned by law. SIT DOWN STRIKE one where the workers stop working but do not leave their place of work.