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Labor Law

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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16 Sep

Family Drivers are Not Governed by the Labor Code

Family drivers, no doubt, render service for the benefit of their employers who are individuals and probably including members of their family. Prior to the enactment of R.A. 10361 or the “Domestic Workers Act” or “Batas Kasambahay”, the Labor Code considered them individuals performing domestic or household service. The former Art. 141 of the Labor Code defines “Domestic or household service” as service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and [...]

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14 Sep

Wage Order Exemption Requires Proof of Application with DOLE or Appropriate RTWPB

Wage order exemption sought from the should comply with the requirement of filing an application with the RTWPB. This is one of the requisites for exemption. The following categories of establishments may be exempted upon application with and as determined by the RTWPB, in accordance with applicable criteria on exemption as provided in DOLE Guidelines; Provided further, That such categories are expressly specified in the Wage Order: (See page 112, Solutions and Remedies on Wage Order and Minimum Wage, Atty. [...]

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10 Sep

Theft by Employee; How to Handle the Investigation and Prosecution

Theft by an employee of a company property may be one of the most disappointing incidents in the relationship between the employer and the employee. While this may cause heartbreak the employer should handle this professionally and efficiently in accordance with the legal requirements. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of [...]

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05 Sep

Pay Rules on Special Working Holidays (September 3 and 8, 2019)

There are occasions where the government declares certain day a “special working holiday.” The question is what should be the compensation for those who work on this day? On February 14, 2019, R.A. 11216 was enacted declaring September 3 of every year as a special working public holiday throughout the country. This is in commemoration of the surrender of the Japanese military forces led by General Tomoyuki Yamashita at the American High Commissioner’s Residence in Camp John Hay, Baguio City. Also, [...]

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03 Sep

Payment for the Cost of Employee Uniform

As a rule, the company cannot deduct from the wages of the employee the cost of uniform. This may be interference in the disposal of employee’s wages. However, can the employer and employee agree on the payment of the cost of uniform? This contemplates the situation where parties agreed before engagement that the company will have a uniform to cost of which to be split with employee. If the employee agrees then he incurs a valid obligation. However, the story is [...]

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29 Aug

Resignation and Execution of Quitclaim as Defense in an Illegal Dismissal Case Should Comply with Legal Requirements

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

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20 Aug

How to Compute Holiday Pay on Ninoy Aquino Day

Ninoy Aquino Day is one of the special days provided under R.A. 9492 which amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987. On August 15, 2018, the Malacañang issued Proclamation 555 declaring August 21, 2019 (Wednesday) as Special (Non-Working) Day. On August 19, 2019, the Department of Labor and Employment issued Labor Advisory 01, Series of 2019 providing rules for pay for the special (Non-Working) Day on [...]

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20 Aug

Holiday Pay Sample Computation for National Heroes Day (August 26, 2019)

How should employers compute the holiday pay of employees on National Heroes Day which is a regular holiday? In this post the rules and illustrations are provided. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, National Heroes Day as a national holiday falling on August 26, 2019 being the last Monday of August. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 01, Series of 2019 on the computation of pay during this regular holiday. See [...]

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20 Aug

Labor Advisory on Eidul Adha, National Heroes, and Ninoy Aquino Holidays PDF Version

The Department of Labor and Employment (DOLE) issued Labor Advisory 9, Series of 2019 on computation of pay for Eidul Adha (August 12), National Heroes Day (August 26), and Ninoy Aquino (August 21) Holidays 2019. See here the PDF of the Proclamation on Eidul Adha and Sample Pay Rules Below is the PDF Version of the Labor Advisory (original file not mine): Acquire Mastery of HR/Labor Doctrines, Rules, and Principles with HR Bundle Books by Atty. Villanueva

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