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Labor Law

19 Jul

RELEASE, WAIVER AND QUITCLAIM ARE GENERALY FROWNED UPON BY THE COURTS

Jurisprudence frowns upon waivers and quitclaims forced upon employees. Waivers and quitclaims are, however, not invalid in themselves. When shown to be freely executed, they validly discharge an employer from liability to an employee. A legitimate waiver representing a voluntary settlement of a laborer’s claims should be respected by the courts as the law between the parties. (Remoticado vs. Typical Consturction Trading Corp. and Rommel M. Alignay, G.R. No. 206529. April 23, 2018) In Goodrich Manufacturing Corporation vs. Ativo it [...]

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04 Jul

Personal Protective Equipment (PPE) Should be at Employer’s Expense With Sample Acknowledgment Form

Personal Protective Equipment (PPE) shall be provided to workers in accordance with safety regulations free of charge. Under D.O. 13, Series of 1998, every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face, hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever necessary by reason of the hazardous work process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any [...]

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28 Jun

Sample Contract for Project Employment in Filipino or Tagalog

Sample contract is provided here as guide for companies that would like to draft their project employment contract for project employees who are not conversant of the English language or who better understand only Filipino or Tagalog. As basic reminder in project employment contract, the following must be shown: 1. Parties 2. Duration of the project or phase thereof (must be made known at the time of engagement) 3. Expected completion date 4. Provision on possible extension 5. Description of the project 6. Completion bonus (not [...]

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20 Jun

Sample Acceptance of Retirement Lowering Compulsory Retirement Age

Sample acceptance of retirement lowering compulsory retirement age is necessary following the decision of the Supreme Court in the case of Alfredo F. Laya, Jr. vs. Court of Appeals, et al., G.R. No. 205813, January 10, 2018. Employee’s consent to the retirement plan cannot be inferred from signature in the personnel action forms containing the phrase: “Employee hereby expressly acknowledges receipt of and undertakes to abide by the provisions of his/her Job Description, Company Code of Conduct and such other policies, guidelines, [...]

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07 Jun

SEnA (Single Entry Approach): How To Handle The Process and Have the Proper Mindset if you are/for the Employer

SEnA means Single Entry Approach which is a conciliation mediation prior to compulsory arbitration. SEnA is the labor equivalent of Barangay conciliation where parties are encouraged to settle their differences amicably. So when a Notice of Conference for SEnA is received the employer should bear in mind that what is being sought is settlement of dispute and not a labor decision. Hence, a well thought out position for settlement should be crafted by the employer before going to a SEnA [...]

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30 May

Security of Tenure, Contracting and Subcontracting Under E.O. 51, Series of 2018

Security of tenure is a constitutionally guaranteed right. Employees may not be terminated from their regular employment except for just or authorized causes under the Labor Code and other pertinent laws. (SME Bank, Inc. vs. De Guzman, G.R. No. 184517, October 8, 2013). Malacañang issued E.O. 51, Series of 2018 emphasizing the principle of security of tenure of employees and even making its own definition. Likewise, providing perspective on contracting and subcontracting and how it should be implemented. Below is the [...]

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27 Apr

Digest of Critical Labor Decisions of the Supreme Court by Atty. Villanueva Will Be Released Mid 2018

Digest of Critical Supreme Court Decisions of the Supreme Court by Atty. Elvin B. Villanueva is a compilation of the Court decisions for the period 2015-2018. The book will give readers a practical insight on the rulings, doctrines and principles involving labor disputes. It is estimated to be 800 plus page-work that will prove to be useful for HR practitioners, lawyers, business owners, managers and even law students. The digest is aimed towards better understanding with minimal legal technicalities so readers [...]

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27 Apr

Allowance and its Labor and Tax Implications

Allowance is generally used by employers as means to augment the take home income of employees hoping to avoid impacting on basic salary and/or paying the tax. However, it is not as simplistic as that. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. Villanueva Allowance can take several forms. It may be regular part of compensation or given occasionally. It can serve various purposes like transportation, communication, [...]

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25 Apr

Vacation Leave Sample Policy in Relation to Discipline; Sample Leave Form

Vacation leave as a benefit is not mandated by the Labor Code. What is provided is the Service Incentive Leave (SIL). Both are of the same nature in a sense that they allow qualified employee to be absent with pay. Service incentive leave (SIL) benefit grants five (5) days of absence with pay to qualified employees. The basis of SIL is Article 95 of the Labor Code providing the right to service incentive leave to every employee who has rendered [...]

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24 Apr

PROMOTION OF EMPLOYEE: SAMPLE NOTICE ON TRIAL PERIOD

Promotion of employee is the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Homeowners Savings and Loan Association, Inc. vs. NLRC, 262 SCRA 406 (1996).) Element of Promotion The indispensable element for there to be a promotion is that there must be an advancement from one position to another or an upward vertical movement of the employees rank or position. Nature of Promotion; Management Prerogative Promotion [...]

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