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San Miguel Jeepney Service, et al. vs NLRC, et al.

SAN MIGUEL JEEPNEY SERVICE and MAMERTO GALACE, petitioners, vs. NATIONAL LABOR RELATIONS COMMISSION, EDELBERTO PADUA and 23 OTHERS, 1 respondents.

G.R. No. 92772 | 1996-11-28

PANGANIBAN, J.:


May workers who are paid on commission basis be considered regular employees, and therefore entitled to separation pay? What constitutes "serious business losses" under Art. 283 of the Labor Code which may justify closure or cessation of operations of business establishments and the laying-off of employees without need of paying separation pay?

The foregoing questions are resolved in this special civil action for certiorari alleging grave abuse of discretion by public respondent National Labor Relations Commission 2 in its Resolution 3 promulgated on February 28, 1990 in NLRC case RB-III-03-12-0201-87, which modified the...