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Labor Law

24 Feb

EDSA People Power Holiday February 25, 2020 per Labor Advisory 08, Series of 2020

EDSA People Power commemoration on February 25, 2020 is the 34th Anniversary of EDSA People Power Revolution. This is a special day pursuant to Proclamation No. 845 (See PDF Version here). Likewise, the Department of Labor and Employment (DOLE) issued Labor Advisory 08, Series of 2020 on February 21, 2020. Below is the PDF Version of the Labor Advisory 08, Series of 2020 on February 21, 2020 (original file not mine):

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18 Feb

Probationary Employment Period and Contract

Formulate and Write your HR/Labor Forms, Notices, and Contracts with Ease and within labor law standards through Atty. Elvin’s 150+ editable templates Probationary employment refers to a status of employment where the employee is on trial period to determine whether he can be made a regular employee. Article 296 of the re-numbered Labor Code provides that probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a [...]

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13 Feb

Department Order No. 208, Series of 2020 or the Guidelines for Implementation of Mental Health Workplace Policies and Programs PDF

Department Order No. 208, Series of 2020 was issued by the Department of Labor and Employment (DOLE) on February 11, 2020 providing Guidelines for Implementation of Mental Health Workplace Policies and Programs. This requires employers in the private sector to adopt policies and programs on mental health in the workplace pursuant to relevant laws like the R.A. 11036 (Mental Health Act) and R.A. 11058 (Occupational Health and Safety). Below is the PDF file (original not mine):

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12 Feb

Retirement Benefit of Employees Under the Labor Code vs. Retirement Plan under R.A. 4917

Retirement benefit under the Labor Code is provided under Article 302. This is the retirement benefit provision if there is no existing retirement plan of the company. This should not be confused with Reasonable Retirement Benefit Plan provision under R.A. 4917 which was enacted for purposes of exemption from all taxes and not to establish compulsory coverage of employees. Hence, not all companies have tax-exempt retirement plan under R.A. 4917. If so, what retirement provision shall apply? As mentioned Art. 302 [...]

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03 Feb

Final Pay and Certificate of Employment Guidelines Per Labor Advisory 06, Series of 2020 PDF File

Final pay refers to the sum  or totality of all the wages or monetary benefits due the employee regardless of the cause of the termination of employment, including but not limited to: Unpaid earned salary of the employee; Cash conversion of unused Service Incentive Leave (SIL) pursuant to Article 95 of the Labor Code; Cash conversion of remaining unused vacation, sick or other leaves pursuant to a company policy, or individual or collective bargaining agreement, if applicable; Pro-rated 13th month pay pursuant to [...]

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31 Jan

Labor Advisory 04, Series of 2020 Providing Guidelines on 2019 Novela Coronavirus (2019-nCOV) Prevention and Control in the Workplace PDF Version

On January 31, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory 04, Series of 2020 on account of the “corona virus” infection. The Labor Advisory provides guidelines on 2019 Novela Coronavirus (2019-nCOV) as to its prevention and control in the workplace. Below is the PDF version (original file not mine):  

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30 Jan

How to Suspend Employment Relationship (Bona fide Suspension) Due to Natural Calamity or on Order of the Government (i.e. Taal Ashfall)

Bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. (Art. 301, Labor Code; The Labor Code of the Philippines, Villanueva, pp. 295-296) In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) [...]

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20 Jan

How to Compute Holiday Pay on Chinese New Year 2020

Chinese New Year Day was declared as one of the special days in Proclamation 845 declaring January 25, 2020 (Saturday) as Special (Non-Working) Day. On January 20, 2020, the Department of Labor and Employment issued Labor Advisory 02, Series of 2020 providing rules for pay for the special (Non-Working) Day on January 25, 2020 being Chinese New Year. See the PDF version of Labor Advisory 02, Series of 2020 here For instance, Ms. Julie Henderson is a Waitress of Murana Marumifa [...]

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20 Jan

Labor Advisory 02, Series of 2020 on Holiday Pay Rules (Special Day) for Chinese New Year 2020 [PDF Version]

Labor Advisory 02, Series of 2020 was issued by the Department of Labor and Employment (DOLE) on Holiday pay rules for Chinese New Year 2020. Chinese New Year was declared as a special non-working day by Proclamation No. 845 issued November 15, 2019. (See PDF file of Proclamation No. 845 here) Below is the PDF File of Labor Advisory 02, Series of 2020 (Original File not mine):

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15 Jan

Safe Spaces Act in the Workplace; Gender-Based Sexual Harassment

Safe Spaces Act was enacted on April 17, 2018 or Republic Act (R.A) 11313 The law gives life to the policy of the State to value dignity  of every human person and guarantee full respect for human rights. Also, to recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men. It also recognizes that both men and women must have equality, security and safety not only in private, but also on the [...]

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