The Supreme Court again discussed this issue in a recent ruling denying a motion for reconsideration filed by certain mining companies in the Philippines.
Employee Discipline Philippine mining law Termination Voluntary Resignation Resignation is defined as the voluntary act of an employee who finds himself in a situation 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 his employment.
It does not cover cases where the employee is forced to resign with the use of threats, intimidation, coercion or manipulation, or where resignation is imposed as a penalty for an offense. The common practice of allowing an employee to resign, instead of terminating him for just cause so as not to smear his employment record, also fall under the category of voluntary resignation.
See J Marketing Corp. Resignation Notice The Labor Code requires the employee to give an advance notice to the employer of his intention to resign.
The notice of resignation must be in writing and must be served to the employer at least one month prior to the effective date of his resignation.
It must state the date when resignation is to take effect because of the day notice requirement under the law. It may also contain the reason or justification of the employee for filing his resignation, although legally, this is not important.
The employee may resign for whatever reason, or even for no reason at all. However, lack of explicit words stating the employees intention to resign is deemed not crucial, as long as the employees intention to resign can be deduced from letter itself.
In one case, the Supreme Court held that a memorandum written by the employee containing his deep resentment towards his superior juridically constituted a letter of resignation.
Effect of Failure to Tender Resignation Notice If the employee fails to give the employer one month advance notice of his intention to resign, he may be held liable for damages. Instances when Notice of Resignation is Not Required The employee may resign even without serving any notice on the employer for any of the following reasons: Serious insult by the employer or his representative on the honor and person of the employee; Inhuman and unbearable treatment accorded the employee by the employer or his representative; Commission of a crime or offense by the employer or his representative against the person of the employee or any of the immediate members of his family; and Other causes analogous to any of the foregoing.
There is no provision in the Labor Code which grants separation pay to voluntarily resigning employees.
Separation pay as a rule is paid only in those instances where the severance of employment is due to factors beyond the control of the employee. Thus, in case of retrenchment to prevent losses where the employee is forced to depart from the company due to no fault on his part, separation pay is required by law to be paid to the dismissed employee.
The law does not oblige the employer to give separation pay if the initiative to terminate employment comes from employee himself.
However, by way of exceptions, there are at least two instances where an employee who voluntarily resign is entitled to receive separation pay, as follows: When payment of separation pay is stipulated in the employment contract or Collective Bargaining Agreement CBA, for companies with existing bargaining agent or union ; When it is sanctioned by established employer practice or policy.
In Hinatuan Mining Corporation, et al. Separation pay may be awarded only in cases when the termination of employment is due to: In fact, the rule is that an employee who voluntarily resigns from employment is not entitled to separation pay, except when it is stipulated in the employment contract or CBA, or it is sanctioned by established employer practice or policy.
For example, in Alfaro vs. Same conclusion was arrived at in J Marketing. The Court held that such practice should not be countenanced.
In Alfarothe Court ruled as follows: However, an employer who agrees to expend such benefit as an incident of the resignation should not be allowed to renege in the performance of such commitment. Friday, August 19, Caveat:PHILIPPINE LAWS, STATUTES AND CODES CHAN.
A collection of Philippine laws, statutes and codes not included or cited in the main indices of the Chan Robles Virtual Law Library This page features the . Philippine Mining Law Sec. Willful Damage to a Mine.
Any person who willfully damages a mine, unlawfully causes water to run into a mine, or obstructs any shaft or passage to a mine, or renders useless, damages or destroys any machine, appliance.
While antimining stakeholders welcome President Duterte’s push for a new mining law, Speaker Pantaleon D. Alvarez’s plan to require mining companies to secure legislative franchise before being allowed to operate is not getting any support. Policy Brief Introduction The mining industry has a great potential to be a key growth sector in the Philippines given the country’s vast and rich No.
In fact, the Philippine Mining Industry Coordinating Council (MICC), an inter-agency forum mandated to review all mining-related issuances, has recommended the lifting of the ban on open-pit mining, which was however denied by the president, who is now considering retaining the open-pit ban until Since the passage of the law, up to. The remaining 60% of FRC is owned by a Philippine registered company, Zoom Mineral Holdings Inc. (“Zoom”). B2Gold Corp. hold an option to acquire the interest of Zoom and to determine a new Philippine holder of the interest, in accordance with Philippine law. Our lawyers are familiar with Philippine mining law and provides a large number of quality services for mining companies in the Philippines, including legal representation and support, business registration, company transaction and risk management assistance.
or the Philippine Mining Act of The law allows foreign ownership in Philippine mining companies (Disini, ). In fact, the Philippine Mining Industry Coordinating Council (MICC), an inter-agency forum mandated to review all mining-related issuances, has recommended the lifting of the ban on open-pit mining, which was however denied by the president, who is now considering retaining the open-pit ban until Since the passage of the law, up to.
10/7/ Philippine Mining Law Republic Act No. March 03, SUBJECT: An Act Instituting a New System of Mineral Resources Exploration.