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Labor Law

28 Nov

Labor Code 2018 Edition Now Available

Labor Code 2018, re-numbered and updated, by Atty. Elvin B. Villanueva is now available for online order. SRP is P948.00. Free shipping and discounts available for bulk orders. Labor Code will be available in major book stores nationwide such as National Book Store, Powerbooks and Fully Booked in a few days. This Labor Code 2018 Edition contains the re-numbered version per Department Advisory 01, Series of 2015 by the DOLE, highlights of D.O. 174, Series of 2017, latest jurisprudence in labor, and [...]

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27 Nov

Sick Leave Policy in Relation to Discipline

Sick leave is not provided in the Labor Code. There is a five-day service incentive leave in the Code however, that the employee can use where he can be permitted for his absence. Just like in all other cases of absence, there are two implications if it occurs not in accordance with the policy. First implication is economic which means salary deduction or no salary during the time of unauthorized absence. The second is disciplinary which means that in addition [...]

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25 Nov

CWW Effects and Administration

CWW requires administration by the company in accordance with the rules established by the DOLE. As of this writing, there is a pending bill to make this into a law. The post below is a continuation of the previous post on the same topic based on the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva. Administration of CWW Scheme The parties to the CWW scheme shall be primarily responsible for its administration. In case of differences of interpretation, the [...]

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23 Nov

Compressed Workweek (CWW) Policy Part 1 of 2

Compressed Workweek (CWW) is one of the ways for the company to save on resources and for employees to reduce time of commuting, etc. without losing efficiency. The post below is based on the book How to Design and Formulate Company Code of Discipline (41-46) by Atty. Villanueva. Under the Labor Code, establishments can require work from Monday to Saturday at eight-hour work per day. However, the labor and management may agree to compress the work days in a week from [...]

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23 Nov

Labor Code Provision on Permanent and Total Disability of Seafarer

Labor Code provision under Article 192 of the Labor Code provides that permanent and total disability includes temporary total disability lasting continuously for more than one hundred twenty days, except as otherwise provided in the Rules. Get a copy of the renumbered and updated Labor Code by Atty. Villanueva The rule referred to by Article 192 (c) (1) of the Labor Code is Rule X, Section 2 of the Rules and Regulations Implementing Book IV of the Labor Code, which states: Period [...]

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21 Nov

Overtime Policy in Relation to Discipline – Sample Policy

Overtime policies once implemented may involve disciplinary action for certain employees. Offenses normally committed fall under neglect of duty, insubordination or willful disobedience, as the case may be. Hence, below is a sample policy to address this matter. This is based on the book How to Design and Formulate Company Code of Discipline (pp. 40-41) by Atty. Villanueva. Sample policy on overtime in relation to discipline : Employees authorized to render overtime work shall have one-half hour interval from the end of [...]

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20 Nov

Hours of Work – Sample Policy

Hours of work principle is the foundation of major compensation and benefits program. However, this can lead to abuse if no control mechanism is in place. Thus, putting up the hours of work policy is critical. The sample policy here is based on the book How To Design and Formulate Company Code of Discipline (pp. 38-40) by Atty. Villanueva. Sample Policy Correlating Hours of Work with Discipline: HOURS OF WORK POLICY Employees shall report to work on or before the designated shift. [...]

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15 Nov

Destruction of Company Property – Final Notice of Dismissal

Destruction of company property may fall under serious misconduct which is ground for disciplinary action. The sample notice below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 98 Decision to Dismiss (Final Notice) – Destruction of company property To : Name of Employee From : HR MANAGER or other responsible officer Subject : Destruction of company property Date : (Date of issuance) This refers to our show cause memo on the [...]

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13 Nov

Destruction of Company Property – Notice to Explain

Destruction of company property may subject the employee to disciplinary action. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 173-174) by Atty. Villanueva. Form No. 97 Notice to Explain (First Notice) – Destruction of company property To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Destruction of company property Date : (Date of issuance of Notice) The following incident has been brought to our attention for [...]

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12 Nov

Porn Uploaded to the Internet Using Company Computer – Notice of Dismissal

Porn distributed, shared or uploaded in social media or the Internet using the company computer may subject employee to disciplinary action. For purposes of dismissal, employers should include this offense in the Code of Conduct pursuant to DOLE IRR implementing Article 297 of the Labor Code particularly the analogous cause. Learn how to incorporate disciplinary policies in your Code of Discipline from a book How To Design and Formulate Company Code of Discipline The sample template below is based on the book Human [...]

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