The grapes of wrath: A comprehensive assessment on the validity and rectitude of post-employment restrictions
Date of Publication
2016
Document Type
Bachelor's Thesis
Degree Name
Bachelor of Science in Legal Management
Subject Categories
Commercial Law
College
Ramon V. Del Rosario College of Business
Department/Unit
Commercial Law
Thesis Adviser
Hilario S. Caraan
Defense Panel Chair
Antonio A. Ligon
Defense Panel Member
Roxanne Marie B. Dimayuga
Jan Reiner B. Uy
Abstract/Summary
The researchers, through examination and analysis, have noticed that there lies a conceived imbalance between an employee's rights and an employer's prerogative in the event of post employment restrictions. The researchers believe that post employment restrictions try to protect the interests of both parties. However, they also believed that this policy is easily bendable to the favor of the employer, due to the fact that employers typically have dominance and control in an employment situation.
In an effort to resolve the conceived problem, the authors analyzed all relevant materials regarding the topic including materials containing worker rights such as the 1987 Constitution and the Universal Declaration of Human Rights in order to determine what are the privileges that all workers should be provided with. Furthermore, an analysis of the Labor Code and existing jurisprudence regarding said topic, was conducted to determine the full extent of an employers' prerogative.
In conclusion, the conceived problem situation is not as problematic as it seems. The conceived problem is only a product of reading the law at its face value. Initially, it is believed that concept of post employment restrictions is only in favor of the employer, due to its restrictive nature. Through this study, it was proven that it protects both parties.
Abstract Format
html
Language
English
Format
Accession Number
TU19392
Shelf Location
Archives, The Learning Commons, 12F, Henry Sy Sr. Hall
Physical Description
94 leaves
Keywords
Labor laws and legislation--Philippines
Recommended Citation
Ocampo, S. B., & Rocamora, E. B. (2016). The grapes of wrath: A comprehensive assessment on the validity and rectitude of post-employment restrictions. Retrieved from https://animorepository.dlsu.edu.ph/etd_bachelors/18290