Labor Law Archives - Page 18 of 71

11 Oct

Employee on a Per Trip Basis can be Regular Employee

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged to perform activities which are necessary or desirable in the usual business or trade of the employer. Rodrigo A. Upod vs. Onon Trucking and Marketing Corporation and Aimardo V. Interior G.R. No. 248299, July 14, 2021 Regular employment of truck drivers in hauling business; Where the employee performed acts necessary and desirable to respondent company’s business [...]

By Atty Elvin Labor Law atty. elvin, elements of employer-employee, employee, employer, Employer-employee, Labor Code, labor law, regular employment 25 Comments Read more...

08 Oct

Constructive Dismissal Involving Reduced Responsibilities

Usually, constructive dismissal involves demotion in rank or diminution in pay. However, there could be constructive dismissal even though on paper there was no demotion in title or diminution in pay. To give a conceptual view, constructive dismissal exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” (Globe Telecom, Inc. vs. Galang, G.R. No. 150092, September 27, 2002.) There is constructive [...]

By Atty Elvin Labor Law constructive dismissal, demotion, demotion in rank, diminution in pay, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor dispute, labor law, termination 18 Comments Read more...

30 Sep

How to Validly Terminate Employee in the Philippines – A Video Course by Atty. Elvin B. Villanueva

Employee dismissal in the Philippines is probably one of the most technical areas of running a business in the country. Many companies lose the labor case because they failed to observe the proper grounds and procedure in employee dismissal. Termination is usually the last resort when it comes to handling problem employee. There could be other primary approaches like coaching, mentoring, caddying, or any other similar methods. However, it is also a fact that there are employees which the company [...]

By Atty Elvin Events, Labor Law atty. elvin, dismissal, Just Cause, Labor Code, termination 10 Comments Read more...

31 Aug

Holiday Pay Sample Computation for National Heroes Day (August 30, 2021)

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 986 issued on 20 July 2020, as amended by Proclamation No. 1107, issued on 26 February 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 30 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). Hence, on 25 August 2021 the Department of Labor and Employment (DOLE) issued [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, labor, Labor Code, labor law, National Heroes Day, Proclamation, regular holiday 15 Comments Read more...

29 Aug

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employees who have sexual intercourse inside company premises can be validly terminated. In the case of Imasen Philippine Manufacturing Corporation vs. Alcon and Papa (G.R. No. 194884, October 22, 2014), two employees were caught having sexual intercourse on the factory floor. The employees involved in such case were hired as welders. On October 5, 2002, Ramoncito Alcon and Joann Papa reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, immorality, labor, Labor Code, labor law, management prerogative, Serious Misconduct, sexual intercourse 16 Comments Read more...

23 Aug

How to Compute Holiday Pay on Ninoy Aquino Day 2021

Ninoy Aquino Day is one of the special days provided under R.A. 9492 which amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987. On 20 July 2020, the Malacañang issued Proclamation 986, as amended by Proclamation No. 1107, declaring 21 August 2021 (Saturday) as Special (Non-Working) Day. See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). Hence, on 25 August 2021 the Department [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, Labor Code, labor law, ninoy aquino, special day 27 Comments Read more...

11 Aug

Delivery Riders may or may not be Entitled to Employment Benefits

On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 providing for the Working Conditions of Delivery Riders in Food Delivery and Courier Activities. See PDF copy of the Labor Advisory 14, Series of 2021 here. Pursuant to the provisions of Article 5 of the Labor Code of the Philippines, as renumbered, and Republic Act No. 11058, the DOLE issued said Advisory to ensure compliance with applicable general labor standards and occupational safety [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, delivery riders, economic reality test, employee, employer, Employer-employee, labor, Labor Code, labor law, power of control 19 Comments Read more...

08 Aug

Employees as APOR During ECQ under IATF Omnibus Guidelines

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employees are important in keeping the fight against the COVID-19 considering that most services require kills, labor, and talent. However, when the government declared that the National Capital Region (NCR) would be under Enhanced Community Quarantine (ECQ) from August 6-20, 2021, there are employees who are not allowed to go outside of their residence to work. On July 29, 2021 the Inter-Agency Task Force for [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employment, labor, Labor Code 19 Comments Read more...

04 Aug

Filing of Papers Before the Labor Arbiter is Suspended During ECQ in NCR

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The National Labor Relations Commission (NLRC) suspended the filing of pleadings before the Labor Arbiter or those under the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). The NLRC issued Advisory No. 14, dated 2 August 2021 providing rules to govern the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). Since the National Capital Region [...]

By Atty Elvin Labor Law atty. elvin, ECQ, Labor Arbiter, Labor Code, labor law, nlrc, Position Paper, Reglementary Period 18 Comments Read more...

03 Aug

Elements of Employer-Employee Relationship Crucial in Determining Entitlement to Benefits of Delivery or Courier Riders

Employer-employee relationship will be the gauge in determining entitlement to labor Labor Standards benefits. The labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with. On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 intending to shed light on the relationship between the parties. The Labor Advisory does not mandate that this arrangement has automatically created employer-employee relationship. It primarily provides the test [...]

By Atty Elvin Labor Law atty. elvin, Employer-employee, labor, Labor Code, labor law 13 Comments Read more...