Labor Law Archives - Page 13 of 71

23 May

Evidence Required in Abandonment Cases

Abandonment of work is a ground for dismissal under Article 297 of the Labor Code, as amended. However, is mere claim of abandonment already substantial evidence to support the dismissal? The issue of whether the employee has abandoned his work is factual. The law does not enumerate what specific overt acts can be considered as strong evidence of the intention to sever the employer-employee relationship. Failure of the employer to present attendance record even when this was readily available to it could [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, AWOL, dismissal, evidence, Just Cause, labor, Labor Code, labor law 0 Comments Read more...

21 May

Separation Pay Cannot be Awarded to Employee Dismissed for Gross and Habitual Neglect of Duty; Other issues on this ground

Gross and habitual neglect of duty is one of the grounds for dismissal under Article 297 of the Labor Code, as amended. In certain termination, employee is entitled to payment of separation pay. This applies to grounds found under Article 298 of the Labor Code such as installation of labor saving devices, redundancy, retrenchment, and closure. But this does not apply to dismissal due to the fault of the employee like those grounds in Article 297. In one case, in view of [...]

By Atty Elvin Labor Law article 297, atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law, separation pay 0 Comments Read more...

20 May

NCR RTWPB Issued Wage Order No. 23 Raising the Daily Minimum Wage to PhP570 – PDF Copy

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The Regional Tripartite Wages and Productivity Board (RTWPB) of NCR issued Wage Order No. NCR-23 on 13 May 2022 that granted a wage increase of PhP33 bringing the new minimum wage rate to PhP570 and PhP533 for workers in the non-agriculture and agriculture sectors, respectively. This is set to take effect 4 June 2022. This came after several petitions were filed to increase the [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, minimum wage, Wage Order, wage order no. 23 0 Comments Read more...

18 May

Sample Computation of Wage and Benefits Under NCR Wage Order No. 23

The RTWPB of NCR has issued Wage Order No. 23 increasing the NCR minimum wage by PhP33.000 per day making the new minimum for non-agricultural sector at PhP570.00. With the increase in the minimum wage, business owners may be interested to see the picture of how it would look like in numbers. Below are the illustrations of this projected implementation although the wage order still has to take effect following the completion of its publication. Reportedly, it shall take effect 4 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, holiday, holiday pay, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, Overtime, regular holiday, special day, Wage Order 0 Comments Read more...

16 May

Habituality in Gross and Habitual Neglect is Disregarded if Loss is Substantial

That for negligence to be a valid ground, it must be “gross and habitual” is only a general rule. Where damage or loss is substantial, the element of habituality may be disregarded. Thus, in a case where the bank suffered actual loss in the amount of P50,000.00 which is part of the P200,000.00 left by a bank teller fully exposed in her counter on a payday in the presence of depositors milling around, the dismissal of the bank teller for [...]

By Atty Elvin Labor Law atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law 0 Comments Read more...

15 May

Sample Computation of Holiday Pay Under the New NCR Wage Order 23 Mandating P33 Additional Wage

The NCR RTWPB has approved the additional daily minimum wage of PhP33.00 making the NCR daily minimum wage PhP570.00 How will the additional wage impact on computation for the work on regular holiday? Let us consider the upcoming 12 June 2022 holiday being independence day. Based on the usual pay rules, here is a sample computation of pay using a fictional scenario applying the daily rate of PhP570.00: Ms. Julie Henderson is a Waitress of Murana Marumifa Foodhouse located in NCR with [...]

By Atty Elvin Labor Law atty. elvin, holiday, holiday pay, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, new minimum, pay, regular holiday, RTWPB, salary, Wage Order 0 Comments Read more...

14 May

No Spouse Employment Policy

The case of Star Paper Corporation vs. Simbol brought about the concepts of disparate impact and disparate treatment on employment discrimination into our shores. In disparate treatment analysis, the complainant must prove that an employment policy is discriminatory on its face. No-spouse employment policies requiring an employee of a particular sex to either quit, transfer, or be fired are facially discriminatory. For example, an employment policy prohibiting the employer from hiring wives of male employees, but not husbands of female [...]

By Atty Elvin Labor Law atty. elvin, company policy, employee, employer, employment, labor, Labor Code, labor law, no spouse policy 0 Comments Read more...

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

04 May

Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that: “Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Serious Misconduct, Sexual harassment, substantive due process 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts: Falsified his employment application form by not stating therein that he is the nephew of the company’s manager; Falsified gasoline receipt; Submitted false report of his trade outlet calls; and Unauthorized availment of sick, vacation and emergency leaves The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...