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Labor Law

28 Apr

Resignation: The Legality of Shortening the 30-day Period

Resignation is the voluntary act of the employee. It cannot be the product of force, intimidation, threat, trickery or improper pressure. As held by the Supreme Court, 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 relinquish- ment of an office, [...]

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12 Apr

Train Law and its Impact on Employee Compensation and Benefits

TRAIN Law or R.A. 10963 was passed which changed the landscape of taxation of employee compensation. At least for those whose monthly basic income ranges from the minimum up to PhP20,833.00. There are other significant impact of the TRAIN Law like the increase in the ceiling of 13th month pay and other benefits. However, it is the change introduced in the monthly withholding and new tax rate that is more considerable since the working man feels it every pay day. Employees [...]

By Labor Law, Tax Law 13 Comments Read more...
10 Apr

Holiday Pay Sample Computation for Araw ng Kagitingan (April 9, 2019) Per DOLE Labor Advisory 05, 2019

Holiday pay should be paid accordingly, particularly the regular holiday. The DOLE issued Labor Advisory 05, Series of 2019 providing the rules for the pay on regular holidays pursuant to Proclamation No. 555. The Presidential Proclamation was issued on August 15, 2018 declaring April 9, 2019 as regular holiday (Araw ng Kagitingan). Thus: If the employee in NCR did not work on a regular holiday, he shall be paid 100% of the wage. Since the NCR rate will be used there [...]

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09 Apr

Employment Tax of Employee Who Has a Side Business Under the TRAIN Law

Employment tax differs depending on the status, level of income, number of sources of income of employee. While the double job approach is not yet popular in the Philippines unlike in many other countries, there are full-time employees who run a business on the side. In such case, what is the tax implication? Does the 8% rate apply in this case? The TRAIN law provides as well for the rate of tax on income of purely self-employed individuals and/or professionals whose gross [...]

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31 Mar

Last Pay Computation of Terminated Employee Paid by Company that Utilizes Cut-off Period

Last pay means the final wage or salary of the employee as a result of termination from service. Most often, last pay exists due to the wage to which the employee has worked for which was not included in the last payroll period when the separation took effect. This is the cutoff period referred to by most HR practitioners. The purpose is for administrative facility considering that payroll preparation takes time. For instance, when a company practices a five-day cutoff period [...]

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30 Mar

Redundancy Pay Computation Based on NCR Minimum Wage of P537.00

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. (See p. 221, Guide [...]

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26 Mar

Holiday Pay Sample Computations for 2019 Holy Week with Illustrations on Successive Regular Holidays

Proclamation No. 555 issued on August 15, 2018 declared April 18 and 19, 2019 as regular holidays being Maundy Thursday and Good Friday, respectively. Although the DOLE has not yet issued a Labor Advisory for the said holidays, illustrations are provided below following the formula in DOLE Labor Advisories for the pay rules on regular holidays and special days. For instance, for the regular holidays April 18 and 19, 2019: If the employee in NCR did not work on a regular [...]

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22 Mar

HR Forms 2 Soft Copy Version to be Released Soon!

HR Forms 2 will have the soft copy version which can help business owners, managers, and HR practitioners in crafting their company’s forms, notices and contracts with more than 170 templates. It is saved in a single file in USB, Word Format. It will be offered on a special introductory price of P3,998.00 until April 30, 2019. Thereafter, regular price will be P4,495.00. HR Forms 1 Soft Copy is also available (See Table of Forms here)  Below is the Table of Forms [...]

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21 Mar

Maternity Leave Benefit is Expanded to 105 Days per R.A. 11210 (Part 2 Of 2)

Maternity leave has been expanded to 105 days from its previous 60 to 78 days, as the case may be. It bears noting that the benefit provided does not discriminate as to the mode of delivery of the baby (natural or caesarian delivery). In the case of miscarriage or emergency termination of pregnancy, the number of days of maternity leave benefit is sixty days. At the option of the female worker, she may avail of the additional maternity leave of [...]

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19 Mar

Maternity Leave Benefit is Expanded to 105 Days per R.A. 11210 (Part 1 of 2)

Maternity leave is one of the benefits for female employees. Previously, the benefit granted is 60 days for normal delivery and 78 days for caesarian. The number of days was expanded to 105 days in the recently enacted R.A. 11210. This law was approved on. Feb. 20, 2019. It was uploaded in Official Gazette on Feb. 21, 2019. Based thereon, it may have taken effect on March 8, 2019. The IRR has yet to be issued though. Below are the salient points [...]

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