Policy Guidelines on Awards of Separation Pay in Lieu of Reinstatement

May 26, 2006NLRC MEMORANDUM CIRCULAR NO. 5-01-06TO:All Presiding Commissioners, Commissioners, Executive Labor Arbiters and Labor Arbiters   SUBJECT:Policy Guidelines on Awards of Separation Pay in Lieu of Reinstatement Article 279 of the Labor Code, as amended by Republic Act No. 6715, provides:". . . An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full back wages inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement." cTDaEHIn connection with the foregoing, Rule V, Section 14 of the 2005 Revised Rules of Procedure of the NLRC, which took effect on January 7, 2006, states:'CONTENTS OF DECISIONS — The decisions and orders of the Labor Arbiter shall be clear and concise and shall include a brief statement of the: a] facts of the case; b] issues Involved; c] applicable laws or rules; d] conclusions and reasons therefore; and e] specific remedy or relief...