Welcome to LVS Rich Publishing!
(02) 8579-9170 | Buy Guide

Labor Law

27 Aug

How to Compute the Benefits of a Minimum Wage Earner

How to compute the benefits of a minimum wage earner for days regular work day, work on special day, and work on regular holiday? Scenario: Juan Tusawa is employed with Extreme Sales, Inc. located in NCR as clerk and paid the minimum wage for more than one year. He is daily paid and reports for work for 6 days a week at 8 hours per day. His established day-off is Sunday. How much should the company pay him under the following [...]

By Labor Law 20 Comments Read more...
22 Aug

Final Pay, Separation Pay, Back Pay, Backwages, Severance Pay, Separation Package, Retirement Pay, Terminal Pay, and Financial Assistance: What’s the Difference?

Final pay is often confused with separation pay. These two concepts are different. To clarify the pay given to employees at the end of employment, for whatever reason that he was separated, I will discuss the difference among these terms and many others that workers normally use when they end their employment. Final pay is a loose term used by companies, more particularly HR department, to refer to the salary and benefits to which the employee who was separated is entitled [...]

By Labor Law , , , , 24 Comments Read more...
20 Aug

DATA PRIVACY ACT IN RELATION TO EMPLOYMENT RECORDS

Data Privacy Act (DPA) of 2012 or RA 10173 expresses the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected. DPA applies to the processing [...]

By Labor Law, Sample Forms , , , 17 Comments Read more...
16 Aug

FIRST PROOF OF THE BOOK CRITICAL DECISIONS OF THE SUPREME COURT ON LABOR CASES HAS BEEN PRINTED

First proof is part of the printing process where the printer runs the initial copy to be reviewed by the author prior to mass printing. Today, August 16, 2018, LVS Books received a copy of the first proof of the Atty. Villanueva’s book, Critical Decisions of the Supreme Court on Labor Cases Years 2015 (part), 2016, 2017 and 2018 (part). The book has 1,296 pages duly copyrighted and registered with the National Library with ISBN 978-621-02-0520-6. It contains the digested cases [...]

By Labor Law , 20 Comments Read more...
16 Aug

HOW TO COMPUTE PAY IF REGULAR HOLIDAY COINCIDES WITH SPECIAL DAY

How to compute pay if the employee works on a day falling as Eid’l Adha, a regular holiday, and also a special day? The President issued Proclamation No. 556 declaring August 21, 2018 a regular holiday. Of course, August 21, 2018 is also a special day. The rules on payment of wages on a regular holiday pay states that: Status                        Pay Unworked                100% Worked                     200% On the other hand, the rules on special day are as follows: Status                        Pay Unworked                none Worked                     130% How should pay [...]

By Labor Law , 24 Comments Read more...
06 Aug

Company Policy Should Be Made Known To Employees; Sample Document Proving Receipt (in Filipino)

Company policy partakes of the nature of an implied contract between the employer and employee. (Abbott Laboratories vs. Alcaraz, G.R. No. 192571, July 23, 2013) The Supreme Court, citing Parts Depot, Inc. vs. Beiswenger, (170 S.W.3d 354 (Ky. 2005)) held that employer statements of policy can give rise to contractual rights in employees without evidence that the parties mutually agreed that the policy statements would create contractual rights in the employee, and, hence, although the statement of policy is signed [...]

By Labor Law, Sample Forms 11 Comments Read more...
04 Aug

Wage Distortion Concepts And Solutions

Wage distortion means the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of compliance with a wage order. The post below is based on Atty. Villanueva‘s book Solutions and Remedies on Wage Order and Minimum Wage (Pp. 151-160) Say in January 2017, employee Nelly Distortado, located in NCR in a non-agricultural job is receiving a daily salary of Php520.00. While Taz S. Weldo, his officemate of the same level and next to him in [...]

By Labor Law , 10 Comments Read more...
01 Aug

Administrative Hearing Or Conference In Employee Dismissal

Administrative hearing or conference, as a general rule, should be held to accord employee to be dismissed the procedural due process required to defend himself. Every employee enjoys security of tenure. For non-regular employees this is limited though. These employees are fixed-term, casual, project, seasonal, and probationary. The reason the tenure is limited is that the termination of their employment is governed by the term of the contract, nature of temporary engagement, completion of the project or end of season. However, [...]

By Labor Law, Sample Forms , 11 Comments Read more...
26 Jul

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

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 relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

By Labor Law, Sample Forms , , , 16 Comments Read more...
24 Jul

RECKLESS DRIVING MAY BE GROSS NEGLECT OF DUTY; SAMPLE DISCIPLINARY NOTICE

In the case of Yellow Bus Line Employees Union (YBLEU) vs. Yellow Bus Line, Inc. (YBLI) [G.R. No. 190876, June 15, 2016], the Supreme Court held that Article 282 [now Article 297] of the Labor Code provides that one of the just causes for terminating an employment is the employee’s gross and habitual neglect of his duties. Get an updated and re-numbered copy of the Labor Code of the Philippines 2018 Edition This cause includes gross inefficiency, negligence and carelessness. Gross [...]

By Labor Law, Sample Forms 18 Comments Read more...
error: Content is protected !!