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Labor Law

26 Oct

Unemployment Insurance: Guidelines on the Issuance of Unemployment Certification per DOLE Department Circular 01, Series of 2019; Sample Affidavit and Employer Certification – PDF Version

Unemployment insurance is a benefit under the Social Security Act of 2018. Below is the PDF version of the Guidelines on the Issuance of Unemployment Certification per DOLE Department Circular 01, Series of 2019, Sample Affidavit of DOLE, and the Sample Employer Certification (original file is not mine):

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25 Oct

Sample Affidavit of Unemployment for Unemployment Insurance or Involuntary Separation Benefit under the Social Security Act of 2018

Affidavit of Termination (sample only) is provided here in support of the application for unemployment insurance or involuntary separation benefit with SSS. Unemployment insurance or involuntary separation benefit under Section 14-B of the Social Security Act of 2018 (R.A. 11199) provides that an SSS member who is not over sixty (60) years of age who has paid at least thirty-six (36) months contributions the twelve (12) months of which should be in the eighteen-month period immediately preceding the involuntary unemployment [...]

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25 Oct

Unemployment Insurance or Involuntary Separation Benefit under the Social Security Act of 2018 and the DOLE Guidelines for Certification

Unemployment insurance or involuntary separation benefit under Section 14-B of the Social Security Act of 2018 (R.A. 11199) provides that an SSS member who is not over sixty (60) years of age who has paid at least thirty-six (36) months contributions the twelve (12) months of which should be in the eighteen-month period immediately preceding the involuntary unemployment or separation shall be paid benefits in the form of monthly cash payments equivalent to fifty percent (50%) of the average [...]

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21 Oct

Backwages Should be Computed Up to Finality of Decision in Case of Separation Pay in Lieu of Reinstatement

Backwages and reinstatement are among those awarded to illegally dismissed employees under Art. 294 of the Labor Code. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (See page 363, Guide to Valid [...]

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03 Oct

Work-relatedness of Termination for Inflicting Physical Violence or Fighting is Not Solely Determined by the Time and Location

Fighting within work premises which act adversely affects employer’s interests for it distracts employees, disrupts operations and creates a hostile work atmosphere. (Page 122, Guide to Valid Dismissal of Employees, 2nd Edition, citing Solvic Industrial Corp. vs. NLRC, G.R. No. 125548, September 25, 1998) “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error [...]

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30 Sep

Notice of Administrative Hearing or Conference: Rationale Behind the Requirement; Sample Notice

Notice of Administrative Hearing or Conference is part of the procedural due process in employee dismissal. 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 to be heard. (Page 55, Guide to Valid Dismissal of Employees, 2nd Edition, citing See Maneja vs. NLRC [...]

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23 Sep

Sample Undertaking to Reimburse Cost Advanced for Company Uniform

Company uniform, as a general rule, cannot be deducted from the wages of the employee. It is not one of those expressly allowed for deduction. Under Article 113 of the Labor Code, no employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees. The following are the exceptions: In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the [...]

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20 Sep

Burden to Prove Existence of Employer-Employee Relationship Lies with the Claimant

To ascertain the existence of an employer-employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct, or the so-called “control test.” This is highly relevant in a labor dispute involving a claim of illegal dismissal. Although no particular form of evidence is required to prove the existence of an employer-employee relationship, and [...]

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