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Labor Law

21 Apr

HR Books by Atty. Elvin Villanueva Available in National Bookstore Mall of Asia

HR books by Atty. Elvin B. Villanueva are available at National Bookstore Mall of Asia. They can also be found in other branches of the NBS nationwide. Atty. Villanueva’s books help a lot of HR practitioners in administering the employee relations aspects of their functions. The following books are available online and in the stores of NBS and Fully Booked nationwide: Labor Code of the Philippines 2018 Edition Guide to Valid Dismissal of Employees Guide on Employee Compensation and Benefits Volume 1 Guide on Employee [...]

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19 Apr

Sample Questions Guide on Administrative Conference for Gross and Habitual Neglect of Duty

Sample questions are provided below to help practitioners in conducting administrative conference involving employee being charged of an offense. In this sample scenario the employee is being charged with gross and habitual neglect of duties. To learn the principles on employee discipline, it is best to have a copy of Atty. Elvin B. Villanueva’s Guide to Valid Dismissal of Employees Second Edition. Likewise, learn how to craft and formulate your company policies for purposes of discipline in a book How to [...]

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18 Apr

Probationary Period

Probationary period is usually six (6) months. An employee who has served the employer for at least six months shall become regular employee by operation of law. A probationary employee, as understood under the Labor Code, is one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. A probationary appointment is made to afford the employer an opportunity to observe the fitness of a probationer while at work, [...]

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17 Apr

CONTRACT OF REGULAR EMPLOYMENT IN FILIPINO/TAGALOG

Contract of employment if expressed in writing will be beneficial to both the employee and employer as it provides the framework of rights and obligations between the parties. This prevents or at least minimizes misunderstanding. The post below is based on the soon-to-be published collection of forms, notices, and contracts in Filipino/Tagalog which will be useful with regard to employees who are not conversant in the English language. See other sample forms, notices and contracts in Human Resource Forms, Notices and [...]

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15 Apr

Minimum Wage 2018 CAR 1 Ilocos

Minimum wage covering the areas of Ilocos Norte, Ilocos Sur, La Union and Pangasinan and Cities of Laoag, Batac, Vigan, Candon, San Fernando, Urdaneta, Dagupan, San Carlos and Alaminos has been updated per Wage Order No. RBI-19. This was issued on 24 November 2017 and published on 10 January 2018 at The City Bulletin. The Current Daily Minimum Wage Rates for Region I (Ilocos), Per Wage Order No. RB 1-19 which shall be effective January 25, 2018, is as follows: Learn How [...]

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13 Apr

Retirement Benefit Computation

Retirement benefit entitles the employee to receive such benefits as he may have earned under existing laws and any collective bargaining agreement and other agreements. Under Article 302 [formerly Article 287] any employee may be retired upon reaching the retirement age established in the collective bargaining agreement or other applicable employment contract. (Note: Labor Code was renumbered pursuant to RA 10151 and DOLE D.O. 01, Series of 2015) Get a copy of the Labor Code of the Philippines 2018 Edition by Atty. [...]

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10 Apr

Bona Fide Suspension Of Operations (Are Boracay Resort Owners Prohibited From Terminating Employees?); Sample Bona Fide Suspension Notice to Employee and DOLE

Bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. (Art. 301, Labor Code; The Labor Code of the Philippines, Villanueva, pp. 295-296) In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) [...]

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06 Apr

GRACEFUL EXIT: RULES APPLICABLE AND HOW TO LEGALLY ADDRESS THE ISSUE

Graceful exit is a way by which some employers waive the full extent of their disciplinary policy by allowing the employee facing a live threat of termination to tender resignation instead of facing administrative investigation and eventual sanctions for the irregularities. Verily, employer’s decision to give the employee a graceful exit rather than to file an action for redress is perfectly within its discretion as it is not uncommon that an employee is permitted to resign to avoid the humiliation [...]

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03 Apr

Probationary Employment Contract Sample 2

Probationary employment arises where the employee upon his engagement is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement. (See Tamsons Enterprises, Inc. vs. CA, G.R. No. 192881, November 16, 2011) The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva The probationary employment is intended to afford the [...]

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03 Apr

FORMS OF EMPLOYMENT IN THE PHILIPPINES

Forms of employment can be categorized into three: Regular Temporary Third Party Please note that some terms used herein are coined by the author based on professional experience. Regular employment refers to those which are: Intended to be regular by employers which may occur: Upon hiring date, or Upon passing the standards for regularization at any time during the probationary period In either case, it depends upon the policy of employer Usually necessary and desirable positions wherein regularization may occur if: Employee is not aware of the standards for regularization [...]

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