Butreinstatementinthiscaseisimpossible company should

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Unformatted text preview: ca’s
College
v.
Torres
 Employees
contend
that
Sarmiento
case
can’t
apply
 because
 in
 those
 cases,
 the
 workers
 defied
 the
 RTWO
 for
 more
 than
 5
 months;
 and
 they
 only
 defied
the
order
for
less
than
a
month
 It
 is
 clear
 from
 the
 provisiosn
 above
 quoted
 that
 from
 the
 moment
 a
 worker
 defies
 a
 RTWO,
 he
 is
 deemed
 to
 have
 abandoned
 his
 job.
 It
 is
 already
 in
 itself
 knowingly
 participating
 in
 an
 illegal
 act.
 Otherwise,
 the
 worker
 will
 just
 simply
 refuse
 to
 return
 to
 his
 work
 and
 cause
 a
 standstill
 in
 the
 company
 operations
 while
 retaining
 the
 positions
 they
refuse
to
discharge
or
allow
the
management
to
 fill
 o To
 justify
 dismissal,
 the
 defiance
 of
 the
 RTWO
 must
 be
 proved.
 For
 abandonment
 to
 constitute
 a
 valid
 cause
 for
 termination
 of
 employment,
 there
 must
 be
 a
 deliberate,
 unjustified
 refusal
 of
 the
 employee
 to
 resume
 his
 employment.

This
refusal
must
be
clearly
established
 Abandonment
has
varying
elements
 o Abandonment
 of
 work
 as
 a
 ground
 to
 dismiss
 under
 Article
 282
 (b)
 should
 not
 be
 confused
 with
 abandonment
 of
 work
 under
 the
 law
 on
 strike,
 particularly
 under
 Article
 263
 (g)
 and
264
(a)
 o The
 rule
 that
 to
 constitute
 abandonment
 of
 position
 there
 must
 be
 concurrence
 of
 the
 intention
 to
 abandon
 and
 some
 overt
 act
 under
 Article
 282.
 But
 it
 cannot
 be
 invoked
 in
 dismissals
resulting
from
a
striker’s
defiance
of
RTWO
under
 Article
263(g)
or
264
(a)
 o DOLE
Secretary
may
temper
the
consequence
of
the
defiance
 to
 the
 RTWO.
 He
 may
 merely
 suspend
 rather
 than
 dismiss
 the
employees
involved
 Restoration
of
condition
upon
issuance
of
RTWO
 o A
RTWO
is
intended
to
restore
the
strikers
to
their
positions
 in
the
company
under
the
last
terms
and
conditions
existing
 before
the
dispute
arose
 o Where
a
RTWO
is
issued,
may
the
employer
be
compelled
to
 accept
 a
 back
 to
 work
 the
 strikers
 with
 pending
 criminal
 charges?
 20
 Telefunken
 Semiconductors
 Employees
 Union
 v.
 Secretary
 of
 Labor
 To
 exclude
 union
 officers,
 shop
 stewards
 and
 those
 with
pending
criminal
charges
in
the
directive
to
the
 company
 to
 accept
 back
 the
 striking
 workers
 without
 first
 determining
 whether
 they
 knowingly
 committed
 illegal
 acts
 would
 be
 tantamount
 to
 dismissal
without
due
process
of
law.

 Actual,
not
payroll,
readmission
 o “Under
the
same
terms
and
conditions”

actual,
not
payroll
 reinstatement
 of
 the
 workers.
 This
 is
 in
 keeping
 with
 the
 rational
 that
 any
 work
 stoppage
 or
 slowdown
 in
 that
 particular
 industry
 can
 be
 inimical
 to
 t...
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This document was uploaded on 03/11/2014.

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