Title

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

Print

Accession Number

TU19392

Shelf Location

Archives, The Learning Commons, 12F, Henry Sy Sr. Hall

Physical Description

94 leaves

Keywords

Labor laws and legislation--Philippines

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