Atty Elvin, Author at LVS Rich Publishing

10 Dec

Employees on Temporary Layoff Should Still be given Written Notice of Retrenchment

What happens if the employees are already on temporary layoff under Article 301 of the Labor Code, and the employer decided to forego of their employment, should the latter still issue a written notice of retrenchment? The Supreme Court resolved this poser in the case of Keng Hua Paper Products vs. Ainza, [G.R. No. 224097, February 22, 2023]. Citing Sanoh Fulton Phils., Inc. v. Bernardo, the SC explained that Article 298 and emphasized that retrenchment to prevent losses or the closing [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, labor, Labor Code, labor law, Retrenchment 0 Comments Read more...

07 Dec

Verbal Dismissal and its Probative Weight in Labor Cases

An employer may be sued before the National Labor Relations Commission (NLRC) for illegal dismissal involving claims of verbal dismissal. How will the labor court appreciate the allegation of verbal dismissal? In the case of Nuda vs. LGTM Corporation, Inc. (G.R. No. 245835, March 22, 2023), the Supreme Court held that before there can be a finding of illegal dismissal, the fact of dismissal must first be proved by the employee. Indeed, in illegal dismissal cases, the burden of proof is [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, labor, Labor Code, labor law, nlrc, presumption 0 Comments Read more...

05 Oct

It is Highly Improbable to Render Work for Five Employers in a Span of One Week

This is a case involving the complainant’s claim of existence of employer-employee relationship. Facts: Anselmo Bulanon alleged that he was hired as a Welder/Fabricator in the furniture business of respondent Eric Ng Mendoza (Eric). Eric owns various furniture businesses namely, Mendco Development Corporation (Mendco ), Pinnacle Casting Corporation (Pinnacle), Mastercraft Phil. Inc. (Mastercraft), and Jacquer International (Jaquer). The case arose when Bulanon initially filed a Complaint against respondents Eric, Mendco, Pinnacle, Mastercraft, and Jacquer (respondents collectively), before the Department of Labor and [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, employer-employee relationship, labor, labor case, Labor Code, labor law 0 Comments Read more...

10 Aug

Safe Spaces Act in the Workplace with Sample Description of Procedure and Policies

Safe Spaces Act is a law that protects gender preference against any form of harassment. In the workplace, the employer has duties that need to be observed. R.A. 11313, which is an act defining gender-based sexual harassment in streets. Public spaces, online, workplaces, and educational or training institutions, providing protective measures and prescribing penalties therefor. This Act is known as the “Safe Spaces Act”. It is the policy of the State to value the dignity of every human person and guarantee [...]

By Atty Elvin Labor Law atty. elvin, gender, Gender-based sexual harassment, labor, Labor Code, labor law, Safe Spaces Act 0 Comments Read more...

03 Jul

NCR to Increase Daily Minimum Wage to PhP610 for Establishments with Above 15 Employees and PhP573 for those below

New daily minimum wage in NCR is about to be implemented. On 27 June 2023, the National Capital Region (NCR) Wage Board announced the approval of a PHP40 hike in the daily minimum wage for private sector workers in the region. Under Wage Order No. NCR-24 on 26 June 2023, there will be an increase of PhP40.00 for the non-agriculture sector. This brings the daily minimum wage in the region from P570.00 to PhP610.00. For the agriculture sector, service and retail establishments [...]

By Atty Elvin Labor Law minimum wage, ncr 24, wage increase, Wage Order 0 Comments Read more...

22 Jun

Proof Required in Allegation of Fraud in Employee Dismissal Cases

Where the employer claims that the employee’s act constituted fraud which warranted her dismissal, the employer has to submit substantial evidence as proof. Article 297 (c) of Presidential Decree No. 442, also known as the Labor Code of the Philippines, provides that fraud or willful breach by the employee of the trust reposed in him or her by his or her employer or duly authorized representative is a ground for dismissal being a just cause. As held by the Supreme Court [...]

By Atty Elvin Labor Law atty. elvin, dismissal, fraud, Illegal dismissal, labor, Labor Code, labor law, termination 0 Comments Read more...

14 Jun

Floating Status Presupposes that there are More Employees than Work

Floating status is implicitly recognized in Article 301 of the Labor Code which speaks of situations of temporary retrenchment or lay-off due to valid operation issues. Article 301 provides that the bonafide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without [...]

By Atty Elvin Labor Law atty. elvin, Floating status, labor, labor case, Labor Code, labor law, off-detail 0 Comments Read more...

08 Jun

Incompetence as Ground for Dismissal Requires Substantial Evidence

Incompetence or inefficiency as a ground for dismissal contemplates the failure to attain work goals or work quotas, either by failing to complete the same within the allotted reasonable period, or by producing unsatisfactory results. (Eagle Clarc Shipping Philippines, Inc. vs. NLRC [G.R. No. 245370, July 13, 2020]) Incompetence or inefficiency belongs to the gross and habitual neglect of duty as ground for dismissal. Article 297 of the Labor Code provides for just causes, to wit: Serious misconduct or willful disobedience [...]

By Atty Elvin Labor Law atty. elvin, gross and habitual, gross and habitual neglect of duty, incompetence, inefficiency, labor, labor case, labor law 0 Comments Read more...

07 Jun

Consequences if the Employer Fails to Appear in SENA Conferences

SENA or Single Entry Approach refers to an administrative approach to provide a speedy, impartial, inexpensive and accessible settlement procedure of all labor issues or conflicts to prevent them from ripening into full blown disputes. Conciliation-mediation process shall be utilized as immediate intervention to effect amicable settlement among the differing parties. It is a 30-day conciliation-mediation services shall be made operational through the Single Entry Approach Desk (SEAD) either in the Regional Branch of the National Conciliation and Mediation Board [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Arbiter, labor case, Labor Code, labor law, SEnA 0 Comments Read more...

04 Jun

Termination by Operation of Law due to Failure to Reinstate After Six Months of Off Detail

Temporary suspension of operations is recognized as a valid exercise of management prerogative provided it is not carried out in order to circumvent the provisions of the Labor Code or to defeat the rights of the employees under the Code. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six ( 6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, [...]

By Atty Elvin Labor Law atty. elvin, bonafide suspension, labor, Labor Code, labor law, off-detail 0 Comments Read more...

Author - Atty Elvin