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Labor Law

15 Jan

Loss of Trust and Confidence Arises where the Employee Misrepresented that the Irreconcilable Cash Count and Transaction Receipts Tallied

Loss of trust and confidence to be a valid cause for dismissal must be based on a willful breach of trust and founded on clearly established facts. The basis for the dismissal must be clearly and convincingly established but proof beyond reasonable doubt is not necessary. (Bristol Myers Squibb (Phils.) Inc., v. Baban, G.R. No. 167449, 594 Phil. 620, 628 (2008).) Further, loss of confidence as a just cause for termination of employment is premised from the fact that an [...]

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05 Jan

Project Employment Requires that the Employee is Informed at the Time of Engagement that he is to carry out a Particular Project

Project employment exists when 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, The Labor Code of the Philippines by Atty. Elvin B. Villanueva citing Art. 295) Where the employee is not informed of project employment at the time of engagement the presumption that he is a regular employee arises. (See Bajaro vs. Metro Stonerich Corp., G.R. [...]

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17 Dec

Service Incentive Leave Computation Sample for 2019

Service Incentive Leave or SIL is a right which accrues to every employee who has served “within 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contracts, is less than 12 months, in which case said period shall be considered as one year. (See page 240, Guide [...]

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16 Dec

Notice of Termination for Dishonesty Involving Project Engineer – Sample Notice

Notice of termination is the final step to employee dismissal following the procedural due process. The requirements start with the issuance of the NTE or Notice to Explain. Some call this Show Cause Memo or SCM. But terminologies aside, they refer to the same thing: the first notice given to an employee being charged. Next is the issuance of the Notice of Hearing/Conference or Administrative Conference. While it is true that in the case of Perez vs. PT&T (G.R. NO. 152048, [...]

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12 Dec

Redundancy vs. Retrenchment

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise. (page 221, Guide [...]

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11 Dec

Regular Holiday Pay Rules for January 1, 2020 with Sample Computations

Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, January 1, 2020 (Wednesday) as regular holiday being New Year’s Day . See the PDF Version of Proclamation 845 here. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 13, Series of 2019 on the computation of pay during this regular holiday. See the PDF Version of Labor Advisory 13, Series of 2019 here. Thus: If the employee in NCR [...]

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11 Dec

Holiday Pay Rules for Year 2020 Per Labor Advisory 13, Series of 2019 (PDF)

Holidays for the year 2020 have been declared under Proclamation 845 by Office of the President of the Philippines consisting of special (non-working) days and regular holidays. See the PDF version of the Proclamation 845 for reference (original file not mine). On December 5, 2019 the Department of Labor and Employment (DOLE) issued Labor Advisory 13, Series of 2019 providing for pay rules on regular holidays and special days for the year 2020. Below is the PDF version of Labor Advisory [...]

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10 Dec

Special Day / Holiday Pay Computation for December 8, 24, and 31, 2019

Holiday pay should be paid accordingly, including work on special day. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, December 8, 2019 as special day being Feast of Immaculate Conception of Mary, December 24, 2019 as Additional special (non-working) day, and December 31, 2019 as special day being the Last Day of the Year. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 12, Series of 2019 on the computation of pay during work on special [...]

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