Back

Union Carbide Phil., Inc. vs. Sec. Of Labor

UNION CARBIDE PHIL., INC., petitioner, vs. HON. SECRETARY OF LABOR, NATIONAL LABOR RELATIONS COMMISSION, and UNION CARBIDE LABOR UNION (NLU), respondents.

G.R. No. 39607 | 1989-04-19

D E C I S I O N


NARVASA, J.:

What we are called upon to review in this proceeding on certiorari is an extra-legal direction by public respondents for the payment by petitioner Union Carbide to its dismissed employees (private respondent herein) of separation pay in an amount exceeding the maximum fixed by the Termination Pay Law then in force, Republic Act No. 1052, as amended by Republic Act No. 1787: 1 i.e., at the rate of 45 days per year of service, instead of one-half month, for every year of service.

The law contained the following pertinent provisions: 2

"SECTION 1. In cases of employment, without a definite period, in a...