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Labor Law

23 Jun

SSS Condonation 2019 Under R.A. 11199 or the Social Security Act of 2018

SSS Condonation program has been set to run for six (6) months from the date of effectivity of R.A. 11199 or the Social Security Act of 2018. Program means the Condonation Program as provided under Section 31 of R.A. 11199. R.A. 11199 repealed the former SSS laws, R.A. 1151 and R.A. 8282, including all other laws, proclamations, executive orders, rules and regulations or parts thereof. (Sec. 33, R.A. 11199) Under the condonation provision, any employer who is delinquent or has not [...]

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23 Jun

SSS Condonation Circular 2019-004 PDF Version and its Annexes (Application for Installment Proposal, Promissory Note and Notice of Approval)

SSS condonation program has been launched by SSS in accordance with the provisions of the new SSS law, or the so-called Social Security Act of 2018 or R.A. 11199. Below is the PDF Version of SSS Circular No. 2019-004 and its annexes: (original file not ours) Advertisement: Acquire Mastery of HR/Labor Rules, Doctrines and Principles with the HR Bundle Books by Atty. Villanueva Draft and Formulate your HR/Labor notices, forms and contracts using HR Forms 1 Editable Templates in Word Document

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22 Jun

Backwages Computation of Seasonal Workers in Sugarcane Industry Should be Based on the Presumed Six-Month Work Per Year in the Absence of Evidence to the Contrary

Backwages should be awarded to an employee who were illegally dismissed from service. Under Art. 294 of the Labor Code, as amended 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. (Get a [...]

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22 Jun

Payroll Entries Enjoy the Presumption of Regularity but are Overthrown by Doubts on Their Genuineness

Payroll information enjoys the presumption of regularity as entries made in the course of business. However, this presumption of regularity may be effectively overthrown by evidence to the contrary. Hence, in the case of Ramiro Lim & Sons Agricultural Co., Inc., vs. Guilaran, et al. (G.R. No. 221967, February 6, 2019), the Supreme Court held that while it is true that entries in the payrolls enjoy the presumption of regularity, it is merely a disputable presumption that may be overthrown [...]

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20 Jun

Expanded Maternity Leave Credits Allocation in both the Private and the Public Sectors

Expanded maternity leave benefits to a female employee may be allocated up to seven (7) days to the child’s father or to an alternate caregiver, as the case may be. Related: Expanded Maternity Leave Articles; Expanded Maternity Leave Law R.A. 11210; Expanded Maternity Leave and its IRR (PDF); SSS Circular 009-2019;  Section 6 of R.A. 11210 provides that any female worker entitled to maternity leave benefits may, at her option, allocate up to seven (7) days of said benefits to the child’s [...]

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19 Jun

Compensation and Benefits Tax Issues and Solutions in Atty. Villanueva’s New Title Tax Solutions On Employee Compensation and Benefits

Compensation and benefits (comp-ben) are among the challenging tasks of every HR/Labor practitioner inside the company. Along with the mandate are tax issues that should be resolved. The so-called Goldilocks zone in  comp-ben is when the net take home of the employee is maximized. This means that he gets more cash and less tax. What is the solution? The solutions are found in the newly released comp-ben tax title of Atty. Villanueva. The book Tax Solutions on Employee Compensation and Benefits 2nd [...]

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19 Jun

Legal Basis of Deduction of Mandatory Contributions from the Salary Differential Under the Expanded Maternity Leave Law (EMLL)

Legal basis of deduction of mandatory contributions on account of implementation of the expanded maternity leave law may be found in the new SSS law, the EMLL, amended PhilHealth and the Pag-Ibig law. In this post, the old rates under older laws cited may be shown but these may have already been amended. But the point of citing them here is to show the provision supporting the act of deduction. So just ignore the rates if not current as these [...]

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17 Jun

Probationary Employment Contract Template 2019 with Data Privacy Clause for Simple Office Positions

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 longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who [...]

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17 Jun

Minimum Wage Rates Apply for Piece Rate Workers where there is no Evidence of Approved Time and Motion Study

Minimum wage rates are applicable to piece-rate workers in the absence of wage rates approved by the Secretary of Labor in accordance with the appropriate time and motion studies. This is based on the February 2019 case of Ramiro Lim & Sons Agricultural Co., Inc., vs. Guilaran, et al. decided by the Supreme Court (SC) as discussed below. Article 124 of the Labor Code of the Philippines provides that all workers paid by result, including those who are paid on piecework, [...]

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15 Jun

Abandonment of Work vs. Illegal Dismissal Case: How to Establish Abandonment and Defend Against a Labor Case

Abandonment is a form of neglect of duty; hence, a just cause for termination of employment under Article 282 [now Art. 297 in a re-numbered Labor Code] of the Labor Code. (See page 156, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Villanueva citing Forever Security & General Services vs. Flores, G.R. No. 147961, September 7, 2007.) For instance, an employee suddenly disappears from the company. Meaning, he did not report on a day that he was supposed [...]

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