Labor Law

Effects if Motion for Reconsideration is Filed instead of Appeal from the Decision of the Labor Arbiter

In labor case, one of the parties may receive an adverse decision or order of the Labor Arbiter. In such case, what is the remedy? While most of the respondents in a labor case are represented by a counsel, there are those who undertake labor litigation on their own or without a lawyer. Considering that technical requirements of the procedure, mistake may be committed along the way. One of the critical steps in labor litigation where mistake may be committed [...]

Presumption of Regular Performance of Duty in Labor Cases in Relation to Serious Misconduct

For misconduct or improper behavior to be a just cause for dismissal, the following elements must concur: [Globe Telecom, Inc. vs. Ebitner, G.R. No. 242286, January 16, 2023 citing Sterling Paper Products Enterprises, Inc. vs. KMM-Katipunan, 815 Phil. 425 (2017)] (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and (c) it must have been performed with wrongful intent. In a [...]

Minimum Wage Exemption Under the BMBE Law

Post-lockdown scenarios on account of the COVID-19 pandemic present us the return to hyper business activities. In turn, demand for work can be on the rise. For years, most Regional Tripartite Wages and Productivity Boards (RTWPBs) did not issue minimum wage orders most likely to tide the effects of COVID-19 on businesses. With the re-opened economy, employees are up and about marching in throngs during office hours. The concern on increase in minimum wages is becoming a trend. In fact, [...]

Laws and Rules Governing Family Drivers and Kasambahay

Are family drivers and kasambahay governed by the Labor Code? Prior to R.A. 10361 or the Kasambahay law, Article 141, Chapter III, Book III on Employment of Househelpers of the Labor Code provides that family drivers are covered in the term domestic or household service. It states that such Chapter shall apply to all persons rendering services in household for compensation. “Domestic or household service” is defined as service in the employer’s home which is usually necessary or desirable for [...]

Floating Status that Exceeds Six Months Does not Automatically Result in Constructive Dismissal

While there is no specific provision in the Labor Code governing the floating status or temporary off-detail of employees, the Supreme Court (SC), applying Article 301 of the Labor Code by analogy, considers this situation as a form of temporary retrenchment or lay-off. Article 301 of the Labor Code provides that 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 [...]

Backwages and the Earnings Elsewhere

The monetary award known as Backwages is one of the items usually granted to the illegally dismissed employee. It is provided under Article 294 of the Labor, as amended. This provision of the Labor Code states that 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 backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time [...]

Illegal Dismissal Case is a Command on Employer to make Public Reparation hence Prescribes in Four Years

Although illegal dismissal is a violation of the Labor Code, it is not the “offense” contemplated in Article 305 [formerly Article 290] of the Labor Code. [Arriola vs. Pilipino Star Ngayon, Inc., G.R. No. 175689. August 13, 2014] Article 305 refers to illegal acts penalized under the Labor Code, including committing any of the prohibited activities during strikes or lockouts, unfair labor practices, and illegal recruitment activities.  The three-year prescriptive period under Article 305, therefore, does not apply to [...]

Employee Benefits in Case of “Bankruptcy” or Liquidation of the Company

“Bankruptcy” is a commonly terms by business owners in the event of non-viability of their business. Such term is not used in Philippine setting although there is an equivalent concept which is insolvency. However, Article 110 of the Labor Code recognizes the scenario of “bankruptcy” is so claimed by the employer. This is discussed in the context of liquidation. Technically, bankruptcy in the US contemplates three different scenarios. They are found in Chapters 7, 11, and 13 of the United [...]

Quick Overview of the Differences among DOLE, NLRC, NCMB, and BLR

Most HR practitioners, employees, managers, and business owners are confused about the relationship of the DOLE, NLRC, NCMB, and BLR. They cannot be blamed considering that only a few practitioners understand the scope, jurisdiction, and functions of each government office. DOLE stands for Department of Labor and Employment. NLRC stands for National Labor Relations Commission, NCMB stands for National Conciliation and Mediation Board, and the BLR stands form Bureau of Labor Relations. The DOLE is the national government agency mandated to [...]

Employee who Files the day as Vacation Leave due to Tardiness

Tardiness is one of the company policies where the employer imposes disciplinary action for violation. Employees who avoid being tagged as tardy get creative by filing the day as a vacation leave. How will the employer appreciate this particular situation? Habitual tardiness is a form of neglect of duty. Lack of initiative, diligence, and discipline to come to work on time everyday exhibit the employee’s deportment towards work. Habitual and excessive tardiness is inimical to the general productivity and business of [...]

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