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Labor Law

09 Jan

Release, Waiver and Quitclaim: How to Grant the Final Pay of Deceased Employee

Release, Waiver and Quitclaim is an important document to establish the relinquishment by the claimant of the right against the company. In the case of employer-employee relationship, the right mentioned refers to the benefits to which the employee is entitled to. The rights of the employee accrue in accordance with law. Thus, even if the employee dies, the benefits that have already accrued in his favor may be claimed by his heirs. The employer is under obligation to release the final [...]

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06 Jan

Independent Contractor as Understood in D.O. 174

Independent contractors are those who exercise independent employment, contracting to do a piece of work according to their own methods and without being subjected to control of their employer except as to the result of their work. The discussion below is based on the book, Valid Job Contracting and Sub-contracting, 2nd Edition Book (pages 30-32) by Atty. Villanueva. View the PDF Version of the book here. A more comprehensive definition states that an independent contractor is one who undertakes “job contracting,” [...]

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04 Jan

Data Privacy Involving Employee’s Health Information with Sample Waiver and SPA

Data privacy law is probably one of the hallmark legislations in the country protecting the personal information of individuals transacting with any entity. The Data Privacy Act of 2012 (DPA) declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that [...]

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23 Dec

Holiday Pay Sample Computation for January 1, 2021 or New Year’s Day

Holiday pay should be paid accordingly, particularly the regular holiday this coming January 1, 2021, the first regular holiday of the new year which falls on a Friday. On July 30, 2020 Presidential Proclamation No. 986 declared, among others, January 1, 2021 as a regular holiday being New Year’s Day. See the PDF copy of Proclamation No. 986 here (original not mine). While the Department of Labor and Employment (DOLE) still has to issue a Labor Advisory for said regular holidays, [...]

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07 Dec

Holiday Pay Computation for Special Days in December 2020

Special days under R.A. 9492 include the last day of the year obviously falling on December 31. On December 28, 2017, R.A. 10966 was declared as a special non-working holiday in the entire country to commemorate the Feast of Immaculate Concepcion of Mary. Presidential Proclamation No. 845 declared December 24, 2020 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional Christmas Day commemorative activities, and will provide domestic tourism [...]

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03 Dec

Holiday Pay Sample Computation for December 2020 Regular Holidays

Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, December 25, 2020 as regular holiday being Christmas day as well as December 30, 2020 being Rizal Day. While the Department of Labor and Employment (DOLE) still has to issue a Labor Advisory for said regular holidays, below is the sample illustration on the computation of pay during these regular holidays. Thus: If the employee in NCR did not work on said [...]

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26 Nov

Holiday Pay Deferred Due to Pandemic Should be Paid on December 31, 2020 per DOLE Advisory (PDF)

Holiday pay obligation was allowed to be deferred by the Department of Labor and Employment (DOLE) in several advisories issued. These advisories are: Labor Advisory No. 13-A Labor Advisory No. 15 Labor Advisory No. 20 Labor Advisory No. 22 Labor Advisory No. 25 Labor Advisory No. 27 Labor Advisory No. 29 Recently, the DOLE issued Labor Advisory 31, Series of 2020 requiring employers who were allowed to defer payment of the holiday pay of their employees to pay all covered employees of the deferred holiday pay equivalent [...]

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19 Nov

Hearing or Conference in Administrative Proceeding Inside the Company as Viewed in the case of Perez vs. PT&T

Hearing or conference is one of the procedural due process requirements in certain cases. The Labor Code mandates that the employee to be dismissed for just cause should be given ample opportunity to be heard. Otherwise, the employer shall be held liable for indemnity in the form of nominal damages. The amount for this indemnity at present is PhP30,000.00. Article 292(b) of the Labor Code provides that, in cases of termination for a just cause, an employee must be given “ample [...]

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12 Nov

Extension of Bona Fide Suspension of Operations with Sample Notice Per DOLE DO 2015, Series of 2020

Extension of bona fide suspension of operations was not provided in Art. 301 of the Labor Code. As a background, bona fide suspension of operations provided under the Labor Code allows companies to temporarily close on account of lack of raw materials, orders, etc. Article 301 [Formerly Article 286] of the Labor Code contemplates a situation when employment is not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) [...]

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06 Nov

Sample Computation of 13th Month Pay for Year 2020

Sample computation of the 13th month pay mandatory benefit is shown here to guide both the employer and employee especially that the date of payment under the law is getting closer. Under P.D. 851, all employers are required to pay all their employees receiving a basic salary a 13th-month pay not later than December 24 of every year. Memorandum No. 28 modified Section 1 of P.D. 851 to the extent that all employees are hereby required to pay all their [...]

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