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Labor Law

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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08 Dec

Holiday Pay Rules for December 2019 per Labor Advisory No. 12, Series of 2019 (PDF)

Holiday pay rules were issued by the Department of Labor and Employment (DOLE) in Labor Advisory No. 12, Series of 2019. The said Labor Advisory was issued pursuant to Proclamation No. 555 issued by the President on August 15, 2018. Below is the PDF version of Labor Advisory No. 12, Series of 2019 pertaining to these holidays (original file not mine):

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08 Dec

Holiday Pay Sample Computation for December 25 and 30, 2019 Regular Holidays

Holiday pay should be paid accordingly, particularly the regular holiday. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, December 25, 2019 as regular holiday being Christmas day as well as December 30, 2019 being Rizal Day. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 12, Series of 2019 on the computation of pay during this regular holiday. See the PDF Version of Labor Advisory 12, Series of 2019 here. Thus: If the employee in NCR did not [...]

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04 Dec

Administrative Hearing or Conference for Dishonesty involving a Project Engineer; Sample Notice of Administrative Hearing

Administrative hearing is one of the procedural requirements for employee dismissal. The concept of procedural due process as a statutory requirement is provided under Art. 301 of the re-numbered Labor Code [formerly Art. 286]. As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity [...]

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01 Dec

Dishonesty of Project Engineer; Sample Notice to Explain

Dishonesty by an employee who has been put in charge of the employer’s money and property amounts to breach of the trust reposed by the employer, and normally leads to loss of confidence in her. Such dishonesty comes within the just and valid causes for the termination of her employment under Article 282 [now Art. 297] of the Labor Code. (Gargoles vs. Del Rosario, G.R. No. 158583, September 10, 2014) A willful breach cannot be a breach resulting from mere [...]

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11 Nov

Loss of Trust and Confidence Cannot be Invoked on Mere Uncorroborated Assertion and Accusation; Sample Notice to Explain

Loss of trust and confidence, to constitute a sufficient ground for termination, the employer must have a reasonable ground to believe, if not to entertain the moral conviction, that the employee was responsible for the misconduct, and that the nature of his participation therein rendered him absolutely unworthy of the trust and confidence demanded by his position. (See page 182, Guide to Valid Dismissal of Employees, 2nd Edition, Samar-Med Distribution vs. NLRC, G.R. No. 162385, July 15, [...]

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10 Nov

Termination due to Closure of Service Business: Sample Notice of Termination

Termination of business is one of the prerogatives which business owner may exercise in the pursuit of his business. The decision to close business is a management prerogative exclusive to the employer, the exercise of which no court or tribunal can meddle with, except only when the employer fails to prove compliance with the requirements of Art. 283 [now Art. 298]. (Page 263, Guide to Valid Dismissal of Employees, 2nd Edition, Eastridge Golf Club, Inc. vs. Eastridge Golf Club, Inc., [...]

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06 Nov

Notice to Explain for Absences Prior to Effective Date of Resignation

Notice to explain is provided in this post as a sample in a case where the employee submitted the resignation but did not observe the 30-day prior notice. Article 300 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. For instance on October [...]

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05 Nov

Salary Differential under EMLL: Non-Taxability per DOLE Department Advisory 1-A, Series of 2019 PDF

Salary differential has finally been ruled by the BIR as non-taxable proceed to the employee. This was expressed by the bureau in RMC 105-2019 clarifying the tax treatment of maternity leave benefits under the 105-Day Expanded Maternity Leave Law. In this Department Advisory of the DOLE, it clarifies as well that the salary differential paid by an employer on the basis thereof is exempt from income and withholding taxes. Below is the PDF Version of the Department Advisory (original file not [...]

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28 Oct

Holiday Pay Rules for November 2019 Holidays: How to Compute Holiday Pay

Holiday pay rules depend on whether the holiday is a special or regular holiday. Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 555 declared November 2, 2019 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saint’s Day and All Soul’s Day.” November 30, 2019 is Bonifacio Day which is a regular holiday under R.A. 9492. The Department of Labor [...]

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