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Labor Law

03 Oct

Sample Suspension Notice for AWOL in Filipino

Suspension as penalty for administrative offenses may only be meted upon employee at the termination of the investigation or the final disposition of the case. (PAL vs. NLRC, G.R. No. 114307, July 8, 1998) In the previous post, sample NTE for AWOL punishable with suspension, and the Sample Notice for Hearing/Conference for said offense, were provided as reference. Get more sample disciplinary notices from HR Forms, Notices & Contracts Volume 2 Following the same procedural due process, below is the final notice [...]

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03 Oct

Sample Notice of Administrative Hearing/Conference for AWOL in Filipino

Sample notice of administrative Hearing/Conference is provided in this post for AWOL. The language used is Filipino for those workers who are not conversant with the English language. Holding an administrative hearing/conference is not mandatory though except if requested in writing and provided in the company policy (Perez vs. PT&T, April 7, 2009). However, according this opportunity is not illegal and it would always be better to make mistake on the side of caution. Providing ample opportunity is not wrong. In the [...]

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27 Sep

AWOL Where Penalty Imposable is Suspension; Sample Notice in Filipino

AWOL or Absence Without Official Leave is one of the challenging issues that HR normally face. Challenging in a sense that it requires a balancing act to arrive at the appropriate decision. In a unique Filipino tradition, employees tend to be absent from work to attend baptism of a relative, wedding of 4th cousin, and to some instance see off at the airport a relative going abroad. When HR does not “understand” the reason behind the absence it is seen as [...]

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26 Sep

AWOL Warning Notice As Penalty in Filipino

AWOL or Absence Without Official Leave is a form of neglect of duty. However, not all instances constituting neglect of duty warrants dismissal as a penalty. Neglect of duty, to be a ground for dismissal under Article 297 [formerly Article 282] of the Labor Code, must be both gross and habitual. (Nissan Motor Phils., Inc. vs. Angelo, G.R. No. 164181, September 14, 2011, 657 SCRA 520, 530; Cavite Apparel, Inc. vs. Marquez, G.R. No. 172044 February 06, 2013) Gross negligence implies [...]

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25 Sep

Sample Notice To Explain For Absence Without Leave (AWOL) In Filipino

Sample notice to explain for absence without leave is provided in this post involving an absence of just one (1) day. This notice includes a return to work order at the last paragraph. As a matter of policy, absence of one (1) day without prior authorization such as lack of leave form filed should subject the individual to disciplinary action. The same result should happen with regard to those who are absent due to emergency case (medical or calamity) but [...]

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19 Sep

Employment Contract Extending Probationary Status in Filipino

Employment contract that extends the probationary status of employee may be signed by the parties. The extension must be the result of failure of employee to prove fitness as regular employee during the probationary period of six (6) months. Hence, there must be an original probationary agreement where parties agreed to extend in case of failure of the probationary employee to perform in accordance with the standards made known to him. Here is a sample of this Probationary Contract in Filipino. Once [...]

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18 Sep

Probationary Employees Who Failed To Perform May Be Extended Upon Mutual Agreement; Sample Notice Of Extension In Filipino

Probationary employees refer to those who undergo a trial period. Art. 296 [formerly Art. 281] of the Labor Code provides that 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 Labor Code of the Philippines 2018 Edition (re-numbered and updated) The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when [...]

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15 Sep

Company Practice Exists If The Act Of Extending Benefits Has Been Practiced For A Long Period Of Time And Shown To Be Consistent And Deliberate

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced for a long period of time and must be shown to be consistent and deliberate. Thus, the SC held that to be considered a company practice, the giving of the benefits should have been done over a long period of time, and must be shown to have been consistent and deliberate. The test or [...]

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07 Sep

BACKWAGES CANNOT BE AWARDED IF THE EMPLOYEE WAS NOT ILLEGALLY DISMISSED

Backwages may be granted only when there is a finding that the dismissal is illegal. The Supreme Court (SC) in the case of Stradcom Corporation and Jose A. Chua vs. Joyce Annabelle L. Orpilla (G.R. No. 206800, July 2, 2018) found just cause for Orpilla’s dismissal. The SC held that the dismissal of a dishonest employee is to the best interest not only of the management but also of labor. Stradcom, as an employer in the exercise of self-protection, cannot be [...]

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30 Aug

Sample Consent for the Processing of Employment Information under Data Privacy Act

Sample consent statement is provided here to help employers in crafting their data privacy compliance. As every company can see, most of the information they collect from their applicants and employees are covered by RA 10173 or the Data Privacy Act. Thus, said pieces of information are either personal information or sensitive personal information. Processing of personal information is normally allowed but is regulated. While the processing of sensitive personal information such as age, gender, health status, court records/case, SSS number, [...]

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