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Labor Law

24 Jun

Project Employment Does Not Arise Where the Employee Performed Work that is Necessary and Indispensable to Usual Trade or Business of Employer

Project employment exists where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee. (See page 276, citing Art. 295, Labor Code of the Philippines, Atty. Elvin B. Villanueva) The principal test for determining whether particular employees are properly characterized as “project[-based] employees” as distinguished from “regular employees,” is whether or not the employees were assigned to carry out a “specific [...]

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12 Jun

Termination Report for DOLE Due to COVID-19 Situation

Termination is authorized under the Labor Code when the company, for instance, implements retrenchment to prevent losses or further losses due to the impact of COVID-19 pandemic. Termination for authorized cause is provided under Art. 298 of the Labor Code, as amended. Due process must be observed. If the ground for dismissal is the authorized cause (redundancy, retrenchment, etc.), or those grounds expressly provided under Article 283. The notices required in this case are as follows: Notice to the employee at least [...]

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12 Jun

Holiday Pay Rules, Deferment, Exemption, with Sample Computation for Independence Day Holiday June 12, 2020 with PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, June 12, 2020 (Friday) as a regular holiday nationwide. See PDF copy of Proclamation 845 here. On June 10, 2020, the Department of Labor and Employment (DOLE) issued a Labor Advisory providing for rules on the payment of wages for the regular holiday on [...]

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11 Jun

Regular Holiday on June 12, 2020 per Labor Advisory 22, Series of 2020 PDF

On November 15, 2019 Presidential Proclamation No. 845 declared, among others, June 12, 2020 as a regular  holiday nationwide. On June 1, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory 22, Series of 2020 providing for the pay rules on this regular holiday. Below is the PDF copy of Labor Advisory 22, Series of 2020 (original file not mine):

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05 Jun

Floating Status Principle Does Not Apply Where There Are Several Clients On Company’s Roster

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Floating status or temporary off-detail of workers employed by agencies is implicitly recognized in Article 301 of the Labor Code which speaks of situations of temporary retrenchment or lay-off due to valid operation issues. The situation applies not only in security services but also in other industries. However, in the case of Telus International Philippines, Inc. vs. De Guzman (G.R. No. 202676, December 4, [...]

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03 Jun

Retrenchment to Prevent Losses Due to Impact of COVID-19 Pandemic with Sample Criteria and Notice of Retrenchment

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Retrenchment is the termination of employment effected by management during periods of business recession, industrial depression, seasonal fluctuations, lack of work or considerable reduction in the volume of the employer’s business. Resorted to by an employer to avoid or minimize business losses (page 237, Guide to Valid Dismissal of Employees, 2nd Edition, citing Santos vs. CA, G.R. No. 141947, July 5, 2001 and [...]

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27 May

Procedural Due Process is Not Complied with if the Employer Fails to Observe its Internal Rules

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Procedural due process is one of the two aspects of due process that must be complied with by the employer. Due process under the Labor Code involves two aspects: first, substantive––the valid and authorized causes of termination of employment under the Labor Code; and second, procedural––the manner of dismissal. In the present case, the CA affirmed the findings of the labor arbiter and the [...]

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25 May

COVID-19 Health Checklist for Re-opening Companies or Employers

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate COVID-19 Health checklist containing declarations of various information is required under the DTI and DOLE Interim Guidelines on Workplace Prevention and Control of COVID-19. Below are sample template of the health checklist and Screening Protocol. PDF and Editable Word Templates are available at only P850.00 to be sent via USB. To order, please send email to [email protected]:

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25 May

Jurisdiction of Labor Arbiter Does Not Apply to Termination for Acts of Purely Religious in Nature

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Termination of a religious minister’s engagement at a local church due to administrative lapses, when it relates to the perceived effectivity of a minister as a charismatic leader of a congregation, it’s a prerogative best left to the church affected by such choice. If a religious association enacts guidelines that reserve the right to transfer or reassign its licensed ministers according to what it [...]

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22 May

Strong Words by the Employer Do not Necessarily Result in Constructive Dismissal

Strong words alone cannot make the employment of employee unbearable. In short, they do not necessarily amount to constructive dismissal. Constructive dismissal exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could foreclose any choice by him or her except to forego his or her continued employment. The test for determining if an employee was constructively dismissed is whether a reasonable person in the employee’s position [...]

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