Labor Law Archives - Page 11 of 71

26 Jun

Redundancy Program Requisites for Validity

Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as over-hiring of workers, decrease in volume of business, or dropping a particular product line or service activity previously manufactured or undertaken by the enterprise. (3M Philippines, Inc. vs. [...]

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24 Jun

Resignation Becomes Complete Once the Employer Accepts

Resignation is one of the rights of the employee set forth under Article 300 of the Labor Code, as amended. It can be voluntary or involuntary. The latter being based on just cause enumerated in the article like serious insult, abuse, etc. In the case of Intertrod Maritime, Inc. vs. National Labor Relations Commission (G.R. No. 81087, June 19, 1991), the Supreme Court held that resignation is the voluntary act of an employee who “finds himself in a situation where [...]

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23 Jun

Hepatitis B Prevention and Control Policy is Required by DOLE Under D.O. 198 Series of 2018

Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace. This is pursuant to DOLE D.O. 198, Series of 2018, providing for the Rules on Occupational Safety And Health Standards. D.O. 198 is the IRR of Republic Act No. 11058 or An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof. The State [...]

By Atty Elvin Labor Law atty. elvin, DOLE, hepatitis b prevention policy, labor, Labor Code, labor law, policy 0 Comments Read more...

23 Jun

Circumstances that Would Substantiate Termination due to Redundancy

Redundancy as a ground for dismissal for authorized cause requires existence of business exigency allowed by law as basis to declare position surplusage. For most employers, the question is what circumstances would justify the redundancy? While there is no hard and fast rule since every business situation may be unique in its own way, the Supreme Court provided examples in its decision. In Panlilio vs. National Labor Relations Commission, it was held that the following evidence may be proffered to substantiate [...]

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22 Jun

Valid Termination due to Redundancy

For purposes of the Labor Code, redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken [...]

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

18 Jun

Burden of Proof in Termination Due to Authorized Cause

The authorized causes under Article 298 are as follows: Installation of labor-saving devices; Redundancy; Retrenchment; and Closure or cessation of business operations of an establishment or an undertaking. It appears that the enumeration is exclusive. Meaning, there can be no other grounds that can be invoked other than those stated. This is so because the precursor of Article 298, Article 299, previously carried a comprehensive phrase “other similar causes” which was repeated twice in the old provision. While in the new provision as presently worded, [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, burden of proof, labor, Labor Code, labor law, substantive due process, termination 0 Comments Read more...

16 Jun

Termination Due to Authorized Cause

Article 298 of the Labor Code, as amended, provides causes which are grounds for the termination of employees. It is one of the authorized causes for termination. Thus: “Art. 298. Closure of establishment and re- duction of personnel. The employer may also terminate the employment of any employee due to the installation of labor- saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing [...]

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15 Jun

Criminal Aspects of Incidents Leading to Loss of Trust and Confidence

Loss of trust and confidence is one of the grounds for dismissal of employees under the Labor Code. This may arise from incidents of fraud, theft, etc. which are criminal in nature. The question is what would be the effect of the criminal aspects on the labor dispute stemming from loss of trust and confidence? The violation of company policy may involve a criminal act for which the employee may be charged by the employer in a criminal court. Non-conviction in [...]

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13 Jun

Effect of Long Employment Tenure Against the Charge of Loss of Trust and Confidence

There is a thought that an employee who has rendered several years of service is accorded leniency in disciplinary situations. However, this is not always the case since under certain circumstances, long years of service may aggravate the offense involving loss of trust. In a case where the two employees had spent twenty-two (22) and nineteen (19) years of service with the company respectively and although they committed their only first offense, the Supreme Court upheld their dismissal nonetheless. The [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, tenure 0 Comments Read more...

12 Jun

Loss of Trust and Confidence Applies to Confidential Employees

There are rank-and-file employees who hold highly confidential positions due to their fiduciary responsibilities and proximity to the management that makes important decisions pertaining to labor relations. In one of my clients’ organizational setup, an employee who used to be a holder of supervisory position being an assistant to the SVP for Marketing was demoted to rank-and-file status. But he was classified as a confidential employee. This kind of confidential employee is not a holder of a trusted position but [...]

By Atty Elvin Labor Law article 297, atty. elvin, confidential employee, dismissal, employee discipline, labor, Labor Code, labor law, loss of trust, termination 0 Comments Read more...