Every labor dispute almost

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Unformatted text preview: AMA’s
 contention
 that
 petitioner
 could
 not
 qualify
 as
a
regular
employee
for
failure
to
comply
with
the
 3
 year
 full‐time
 service
 rule
 is
 likewise
 unavailing.
 If
 this
 line
 of
 reasoning
 is
 adopted
 in
 the
 process
 of
 determining
 the
 regularity
 of
 a
 teacher’s
 employment,
 the
 possibility
 of
 a
 teacher
 becoming
 infinitely
non­regular
is
not
too
far­fetched
to
expect.
 10. Employment
contracts
mostly
adhesion
contracts
 • The
 employment
 contract,
 more
 often
 than
 not,
 is
 prepared
 by
 the
 employer.
This
fact
works
against
the
employer
because
obscurity
in
 the
contract
is
deemed
his
fault.
 • Article
 1377
 of
 the
 Civil
 Code
 applies
 to
 contracts
 of
 adhesion.
 The
 employee
“takes
it
or
leaves
it”.
The
presumption
is
that
there
was
an
 imposition
 by
 one
 party
 against
 the
 other
 and
 that
 the
 employee
 signed
the
contract
out
of
necessity.
 4. 5. Title
I:
Termination
of
Employment
(cont’d)
 [Part
3.
Management
rights
and
the
just
causes
of
termination]
 Article
282.
Termination
by
employer.
 Management
rights
 1. 2. 3. Right
to
manage
people,
in
general
 • Except
 as
 limited
 by
 special
 laws,
 an
 employer
 is
 free
 to
 regulate,
 according
 to
 his
 own
 discretion
 and
 judgment,
 all
 aspects
 of
 employment
 • The
 free
 will
 of
 management
 to
 conduct
 its
 own
 business
 affairs
 to
 achieve
its
purpose
cannot
be
denied
 • So
long
as
a
company’s
prerogatives
are
exercised
in
good
faith
for
the
 advancement
 of
 the
 employer’s
 interest
 and
 not
 for
 the
 purpose
 of
 defeating
or
circumventing
the
rights
of
the
employees
under
specials
 laws
or
under
valid
agreements,
the
SC
will
uphold
them
 • The
employer’s
obligation
to
give
his
workers
just
compensation
and
 treatment
 carries
 with
 it
 the
 corollary
 right
 to
 expect
 from
 the
 workers
adequate
work,
diligence,
and
good
conduct
 The
right
to
discipline
 • The
employer
has
the
prerogative
to
instill
discipline
in
his
employees
 and
 to
 impose
 reasonable
 penalties,
 including
 dismissal,
 on
 erring
 employees
pursuant
to
company
rules
and
regulations
 The
right
to
transfer
employees
 • The
Court
has
recognized
and
upheld
the
prerogative
of
management
 to
transfer
an
employee
from
one
office
to
another
within
the
business
 establishment,
 provided
 that
 there
 is
 no
 demotion
 in
 rank
 or
 a
 diminution
of
his
sal...
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