Labor Law Archives - Page 21 of 71

15 Feb

Holiday Pay How to Compute for EDSA Revolution Special Day 2021

Holiday pay should be given to employees who work on special day. February 25, 2021 was declared as special days in Proclamation 986 as Special (Non-Working) Day. See PDF copy of Proclamation 986 here. On 9 February 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021 providing rules for pay for the special (Non-Working) Day on 25 February 2021 being EDSA Revolution Anniversary. See the PDF version of Labor Advisory 02, Series of 2021 [...]

14 Feb

Serious Misconduct Exists When the Employee Creates False Narrative Against the Employer

Serious misconduct as ground for valid dismissal requires: (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. Thus, the Supreme Court (SC) ruled in the following case of Metro Psychiatry, Inc. vs. Bernie J. Llorente (G.R. No. 245258, February 5, 2020). Llorente was served with a Memorandum by MPI [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, Labor Code, quantum of proof, Serious Misconduct, Substantial evidence, termination 14 Comments Read more...

11 Feb

How to Compute Holiday Pay on Chinese New Year 2021

Chinese New Year Day was declared as one of the special days in Proclamation 986 declaring 12 February 2021 (Friday) as Special (Non-Working) Day. On 9 February 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021 providing rules for pay for the special (Non-Working) Day on 12 February 2021 being Chinese New Year. See the PDF version of Labor Advisory 02, Series of 2021 here For instance, Ms. Julie Henderson is a Waitress of Murana [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, employee, employer, holiday pay, Labor Code, labor law, special day 10 Comments Read more...

11 Feb

Holiday Pay for Chinese New Year 2021 per Labor Advisory 02, Series of 2021 PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Chinese New Year falling on February 12, 2021 was declared as Special Day under Proclamation No. 986. Thus, being a special day, the general rule is no-work, no-pay. In relation to said Proclamation, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021. Below is the PDF of the Labor Advisory (original copy/file not mine). Here is the link to Proclamation [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, employee, employer, holiday pay, Labor Code, labor law, special day 19 Comments Read more...

11 Feb

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule. This means that when there is doubt as to propriety on the use of this [...]

By Atty Elvin Labor Law, Sample Forms atty. elvin, employment, employment agreement, employment contract, fixed-term employment, Labor Code, labor law 18 Comments Read more...

09 Feb

Transfer of Employee Done in Good Faith is not Illegal Even if Costly and Inconvenient

Transfer of employees is one of the management prerogatives. The employer has the prerogative of making transfers and reassignment of employees to meet the requirements of the business. Since the employees are viewed as having no vested rights over the position, the employer can transfer them whenever the exigencies of business require it. In a number of cases, the Court has recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment [...]

By Atty Elvin Labor Law atty. elvin, employee, employee transfer, employer, labor, Labor Code, management prerogative, transfer 30 Comments Read more...

23 Jan

Vacation Leave Benefit Regulation Lies with the Employer

Vacation leave is a specie of the service incentive leave (SIL) in a sense that the employer still pays the employee although he is absent on a particular day. It is not found in the Labor Code unlike the SIL which is specifically stated in Article 95 of the Labor Code. The purpose of a vacation leave is to afford a laborer a chance to get a much-needed rest to replenish his worn-out energy and acquire a new vitality to [...]

By Atty Elvin Labor Law vacation leave 18 Comments Read more...

21 Jan

How to Evaluate Probationary Employees Using the Probationary Employment Evaluation Packet Super 5™

One of the challenging aspects of monitoring the performance of a probationary employee is the establishment of performance ratings, metrics, or measures. It is a settled rule that a probationary employee who was not apprised of the reasonable standards of performance to become regular employee is deemed regular from day one. The same effect occurs for employees who have been with the company for at least six months and have not undergone performance evaluation. No matter how low did the probationary [...]

By Atty Elvin Labor Law probationary employment 18 Comments Read more...

18 Jan

Illegal Dismissal Case and its Prescriptive Period

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Illegal dismissal arises when the employee is dismissed without just cause or authorized cause. Just causes are those listed under Article 297 of the Labor Code, as amended. Bear in mind that the list is general in scope. Thus, one must be aware of the decisions of the Supreme Court on interpretation of each of the paragraphs in said provision. See the digest of the [...]

By Atty Elvin Labor Law Illegal dismissal, Prescriptive period 16 Comments Read more...

16 Jan

Effects of Absence the Day Before the Regular Holiday

All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regular holiday. (Section 6, a, Rule VI, Omnibus Rules to Implement the Labor Code) Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if they do not work on such regular holiday. (Section 6, a, Rule VI, Omnibus Rules to [...]

By Atty Elvin Labor Law regular holiday, successive regular holidays 38 Comments Read more...