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Labor Law

21 Dec

Sample Notice to Explain – Using Shabu or other Prohibited Drugs

Sample Notice to Explain is being shared to illustrate the procedural due process where an employee is caught using shabu. Take note however, that the company policies should be clearly established to support this procedure. You can get sample policy on prohibited drugs from the book How to Design and Formulate Company Code of Discipline by Atty. Elvin B. Villanueva. The post below is based on the book also written by Atty. Villanueva, HR Forms, Notices and Contracts Volume 2 (pp. [...]

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15 Dec

Willful Disobedience as Ground for Dismissal

Willful disobedience is one of the just causes to dismiss employees under Article 297 [formerly Art. 282] of the Labor Code, as amended. Thus, in order for the ground of “willful disobedience” to be considered a just cause to terminate employment, the following requisites must concur: (1) The employee’s assailed conduct must have been willful, that is, characterized by a wrongful and perverse attitude; and (2) The order violated must have been reasonable, lawful, made known to the employee, and must pertain [...]

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13 Dec

Sample Notice to Explain – Theft of Company’s Laptop

Theft of company property may be ground for dismissal of employment. If the employer decides to dismiss employee on this ground there are rules that need to be followed. To avoid technical flaw, it is best practice to follow proven forms and templates on procedural and substantive due process aspects of termination. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 135-136) by Atty. Villanueva. Form No. 77 Notice to Explain (First Notice) – Theft [...]

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06 Dec

Labor Problems, Solutions and Remedies

Labor problems reside in every organization where there are people and employer-employee exists. This is not a perfect world but people are perfectly designed to solve problems. Guests, visitors, and readers of our blog may send their pressing labor problems and issues to Atty. Elvin B. Villanueva who will gladly provide the remedies and solutions. The scenarios and incidents that you will share will be featured here in our site along with the solutions suggested by Atty. Villanueva. You may email your [...]

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06 Dec

How To Dismiss Employee Who Committed Theft

How to dismiss employee who betrayed the trust of employer or committed serious misconduct by stealing company property? The following steps should be taken: Establish that indeed theft was committed What was taken? Object (computer, laptop, device, money, etc.) Documents (records, check, official receipts) Files (manual, policies, etc.) When was it taken? Date it was taken Time it was taken Observe the weather (raining, sunny, windy, etc. as these could help in other determinations) 2. Where was it taken? Which room? Warehouse? Which Floor? Which tower? Which building? Desk? Drawer? Cabinet? Grab a copy of the newly [...]

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05 Dec

Alien Employment Permit Revised Rules For Issuance Per D.O. 186, Series of 2017

Alien Employment Permit (AEP) is not an exclusive authority for a foreign national to work in the Philippines. Pursuant to the provisions of Article 5, 40, 41 and 42 of PD 442, as amended, the provisions of Rule XIV, Book 1 of its Implementing Rules and Regulations, Section 17 (5), Chapter 4, Title VII of the Administrative Code 1987, the Department of Labor and Employment (DOLE) promulgated Department Order No. 186, Series of 2017 to govern the employment of foreign [...]

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01 Dec

Holiday Pay Computation For November 30, 2017 (Bonifacio Day) With Illustrations

Holiday pay computation for November 30, 2017 or Bonifacio Day is provided by the Department of Labor and Employment (DOLE) under Labor Advisory 15, Series of 2017. According to DOLE issuance: If the employee did not work, he shall be paid 100% of his salary for that day, subject to certain conditions under the implementing rules and regulations [(Daily rate + COLA) x 100%]; For work done during the regular holiday, the employee shall be paid 200% of his regular salary for [...]

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01 Dec

13TH Month Pay, Christmas and Other Bonuses Issues on Taxation

13th month pay, as a general rule, is not subject to tax. This is clear under Section 32B, Chapter VI of Republic Act (R.A.) No. 8424, otherwise known as the National Internal Revenue Code which exempts from tax the 13th month pay and other benefits. This discussion on 13th month pay is based on the books Tax Solutions on Employee Compensation and Benefits and Employee Compensation and Benefits Volume 2, Second Edition by Atty. Elvin B. Villanueva.             The amount exempted [...]

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30 Nov

13TH MONTH PAY, CONCEPTS, PRINCIPLES AND COMPUTATION

13th month pay is one of the mandatory benefits that employers should give their employees. This means one twelfth (1/12) of the basic salary of an employee within a calendar year. The post is based on the book Guide on Employee Compensation and Benefits Volume 2, Second Edition by Atty. Villanueva. The “basic salary” of an employee for the purpose of computing the 13th month pay shall include all remunerations or earning paid by his employer for services rendered but does [...]

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29 Nov

Termination of Employment IRR of the Labor Code

Termination of employment provisions under Article 297 [formerly 282] of the Labor Code, as amended provide the grounds for valid dismissal. The DOLE issued the new IRR for this the highlights of which are discussed by Atty. Villanueva in The Labor Code 2018 Edition (pp. 281-285) as follows: The Department of Labor and Employment issued D.O. 147-15, Series of 2015 amending the Rules and Regulations of Book VI of the Labor Code. One of the salient points of D.O. 147-15 is the [...]

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