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Labor Law

06 Feb

How To Serve Notice of Disciplinary Proceeding to Employee (With Sample Transcript in English and Filipino)

An employee who is suspected of having committed an offense may be subjected to disciplinary process. A corresponding penalty may be imposed if he is found guilty of the offense which may even involve dismissal from service. Under Article 292 [formerly 277] of the Labor Code, an employee to be dismissed should be issued two notices: the notice to explain and the notice of dismissal. There is another requirement which is the holding of hearing/conference if the employee requests for [...]

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31 Jan

Graceful Exit where the Employee Under Investigation Submits Resignation Before the Decision or Before the Holding of Hearing/Conference

Graceful exit means giving an employee a chance to leave the company without bad record (e.g. termination is considered bad record). Most companies are stumped on a decision when the employee suddenly resigns pending administrative investigation. One question to resolve is should the company issue a Notice of Decision separate from acceptance of resignation or these two should be contained in the same document? There is no hard-and-fast rule. But guided by the technicality (interplay of law, rules, and regulations on [...]

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28 Jan

Telecommuting Act Contemplates a Voluntary Program and not Mandatory Arrangement

Telecommuting Act has been signed into law as R.A. 11165. It is intended to protect the rights of workers and promote their welfare in accordance with the policy of the State to affirm labor as a primary social economic force. Telecommuting Act or R.A. 11165 PDF IRR of Telecommuting Act or R.A. 11165 PDF Telecommuting is defined as a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer [...]

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23 Jan

Project Employment Contract In Filipino (Simplified)

Project employment is one of the forms of employment under the Philippine labor laws. The Labor Code provides under Article 295 that it is an exception to the rule on regular employment being an undertaking with scope and duration. Most employees engaged for project employment are those in construction industry or those involving heavy manual labor. Individuals hired as such are normally not conversant with the English language and are more familiar with the Filipino being the everyday language in [...]

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15 Jan

Personal Protective Equipment (PPE) Must be Issued Free of Charge; Sample Acknowledgment Receipt of PPE in Filipino

Personal Protective Equipment or PPE is one of the mandatory items that must be issued by the company to the employee free of charge based on the nature of work. Under R.A. 11058, every employer shall comply with OSHS standards including training, medical examination and, where necessary, provision of protective and safety devices such as personal protective equipment (PPE) and machine guards. In Section 8 of said law, it states that every employer, contractor or subcontractor, if any, shall provide his [...]

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11 Jan

Release, Waiver and Quitclaim Sample Template in Filipino

    Release, Waiver and Quitclaim, as a general rule is frowned upon by the court. But it does not mean that it cannot be valid. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 369-370) After the employee has separated from work, he may be required, as a matter of policy, to execute release, waiver and quitclaim. As a general rule, quitclaims executed by employees are often frowned upon as contrary to public policy. But that is [...]

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10 Jan

PAYMENT OF WAGES FOR JANUARY 1, 2019 HOLIDAY

January 1, 2019 is a regular holiday being New Year’s Day. As such, those who did not work are entitled to 100% of the pay while those who do should be paid 200%. DOLE issued Labor Advisory 27 series of 2018 providing for the pay rules pursuant to Proclamation 555 issued by Malacañang on August 15, 2018. If the employee did not work, he shall be paid 100% of the wage for January 1. Since the NCR rate will be used [...]

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31 Dec

Sample Resignation Letter

Sample resignation letter is provided here to those who want to have an idea on what it usually contains in its simple form. Normally, resignation that has no underlying reason is short and lacks drama. There is no hard and fast rule as to the form of resignation. As long as it is voluntary on the part of the employee without any duress, improper pressure, or trickery then it can validly discharge the employer from further pursuing employer-employee relationship. Under Article [...]

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11 Dec

What to Do when an Employee Fails to Report For Work for Several Days

Absences are among the major headaches of employers who expect their employees to be at their productive best. There are several reasons why employers wish their workers are present to work. Among the reasons are coordination with other workers, meeting deadlines, hitting targets and general alignment with the momentum or thrust of the organization. Nonetheless, there are employees who simply do not show up on a day they are expected to be present. Employers normally would like to wait out for [...]

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05 Dec

Holiday Pay and Overtime Pay Computation Using the NCR Minimum Wage of P537

Holiday pay is one of benefits which every employee anticipates during the month of December. There are regular holidays and special days in this month. December 8 is a special non-working holiday. December 25, Christmas Day, is a regular holiday, while December 30 is also a regular holiday being Rizal Day and December 31 is a special holiday being the end of the year. Seeming like luck favored the employees in NCR, effective November 22, 2018, Wage Order No. NCR-22 raised [...]

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