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Sample motion for reconsideration
Sample motion for reconsideration







sample motion for reconsideration
  1. Sample motion for reconsideration full#
  2. Sample motion for reconsideration code#

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  • 7438 - Rights of Persons Arrested, Detained o. To be stressed anew is the fact that petitioners were ordinary factory workers who could not and should not be expected to know the legal import or significance of some such phrase as "under protest" or "with reservations." Further, it was held that the fact that petitioners in this case failed to indicate in their resignation letters the phrase "under protest" or "with reservations" is of no moment.

    sample motion for reconsideration

    Sample motion for reconsideration code#

    280 of the Labor Code construes security of tenure as meaning that "the employer shall not terminate the services of an employee except for a just cause or when authorized by" the Code. Therefore, he should be protected against any arbitrary deprivation of his job. It was held that when a person has no property, his job may possibly be his only possession or means of livelihood. Considering that petitioners are ordinary sewers of respondent company, the fear of losing their jobs cannot but be a serious, legitimate concern. Obviously, petitioners were not given any other choice by management, but to agree to their transfer to Gerrico Resources, lest they lose their only means of livelihood. For to us, it is inconceivable that a worker who has already attained a regular status in his employment would opt to be transferred to another employment agency, there to start work anew – work that would relegate him to a mere casual laborer or employee. The Supreme Court held that it was inclined to agree with the petitioners that they were coerced, threatened or intimidated into signing blank sheets of paper which materialized into resignation letters, the contents of which were dictated by the Director and Personnel Manager of the respondent company. In this case, the issue was the "voluntariness" of the resignation letters. – This case is inapplicable to the movant. The Honorable Court of Appeals, et al, GR 162472, 28 July 2005.









    Sample motion for reconsideration