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Labor Law

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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03 Dec

RETIREMENT PLAN SHOULD BE EXPRESSLY CONSENTED TO BY NEW EMPLOYEE TO BE BINDING

Retirement plan cannot be presumed to be known to new employees most especially if it lowers the retirement age than that provided in the Labor Code. For instance, the compulsory retirement age under Art. 302 of the Labor Code, as amended, is 65 years old. The law permits the parties to lower this age upon mutual agreement. Have a copy of the Labor Code of the Philippines 2018 Edition (re-numbered and updated) Under the provision, the employers and employees may agree to [...]

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03 Dec

Absenteeism: How to Validly Impose Disciplinary Procedure

Absenteeism is one of the persistent headaches that every employer faces. This issue is tied up with the company’s leave policies. Whenever an employee is absent the first thing that employer should do is to check whether the employee filed a leave application prior or not. If the employee indeed filed, it means he is already entitled to either service incentive leave or the company’s more superior vacation leave benefits. If the leave form was approved this type of absence should [...]

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26 Nov

Code of Discipline Crafting and Formulation Seminar

Code of Discipline is one of the crucial documents that every employer must have. A seminar on the crafting of company Code of Discipline will be held on December 7, 2018 at Marriot Hotel. Information on this activity was published in the Philippine Star Business Section (B12) today, November 26, 2018.  The Department of Labor and Employment requires that offenses belonging to the analogous cause should be expressed in the Code of Discipline or Code of Conduct or any similar [...]

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09 Nov

Minimum Wage Rates in NCR Per Sector Per Wage Order No. NCR-22

Minimum wage rates in NCR have been increased recently pursuant to wage order promulgated by the Regional Tripartite Wages and Productivity Board (RTWPB). The increase amounts to P25.00 of the Basic Wage improving it from the previous P502.00 to P537.00. The P10.00 COLA mandated in the previous wage order (Wage Order No. NCR-21) was ordered integrated in the basic wage under the new wage order (NCR-22). The Labor Code of the Philippines – re-numbered and updated The sectors covered in the NCR [...]

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05 Nov

Minimum Wage in NCR 2018 per Wage Order No. NCR 22

Minimum Wage in NCR is now P537.00 per day. The increase has been anticipated for months with petitions to hike the prevailing rate. Secretary Silvestre Bello III of the Department of Labor and Employment announced the P25.00 increase in the basic daily wage in NCR. The increase highlights the integration of the P10.00 of the cost of living allowance (COLA) in the minimum wage under the previous wage order. Bello said that the NCR Regional Tripartite Wages and Productivity Board (RTWPB) [...]

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31 Oct

Special Days and Regular Holiday in November: How to Compute Pay

Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 269 declared November 2, 2018 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saint’s Day and All Soul’s Day. November 30, 2018 is Bonifacio Day which is a regular holiday under R.A. 9492. Now, during these November special days and regular holidays, employees have to get paid under certain situation. In [...]

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18 Oct

Condonation of SSS Penalties Does Not Apply to those Already Paid Prior to the Effectivity of the Condonation Law

Condonation is the creditor’s act of extinguishing an obligation by renunciation and the word “waive” is an abandonment or relinquishment of an existing legal right. The condonation law of 2009, R.A. No. 9903, does not provide that, prior to its effectivity, penalties already paid are deemed condoned or waived. What Section 2 of the law provides instead is an availment period of six (6) months after its effectivity within which to pay the delinquent contributions for the existing and corresponding [...]

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09 Oct

Digest of Critical Decisions of the Supreme Court on Labor Cases Released

Digest of Critical Supreme Court Decisions on Labor Cases (Years 2015, 2016, 2017 and 2018 Decisions) book has been released. The first batch of printed copies has been delivered and are now available for sale both online and in National Bookstore branches. Soon, it will also be available at Fullybooked branches nationwide. The book, written by Atty. Elvin B. Villanueva, is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions [...]

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04 Oct

Notice of Administrative Hearing/Conference for Abandonment of Work in Filipino or Tagalog

In the previous post, a sample Notice to Explain for Abandonment of work was made. It involves a fictional incident where the employee failed to report for work but did not file prior leave or even call the office. The notice mentions about the multiple violations committed by the same employee in the past. The sample notice below is a continuation of this procedural due process. After serving the first notice, the employer should afford the employee ample opportunity to be [...]

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