Labor Law Archives - Page 57 of 71

15 Sep

Minimum Wage Increase in NCR of Additional P21 per Day

Minimum wage in NCR has reportedly increased by P21 per day. The Associated Labor Unions-Trade Union Congress of the Philippines (ALU-TUCP) reported that the Regional Tripartite Wages and Productivity Board-National Capital Region (RTWPB-NCR) has approved the increase for Metro Manila minimum-wage earners. Allegedly, the NCR Wage Board approved the P21 daily wage increase on top of the existing P491 daily minimum wage in Metro Manila. Thus, the new daily minimum wage will become P512 effective in October. This is an unofficial pronouncement as [...]

By Atty Elvin Labor Law minimum wage, NCR Minimum Wage 17 Comments Read more...

14 Sep

Resigned Employee: How to Compute Final Pay

Resigned employee: How to Compute Final Pay is a post about the figures surrounding the last pay of an employee who already resigned. The Labor Code provides the minimum requirements. Exceeding such requirements will not violate the law. Giving below the amount required is a violation. In this post we will tackle the benefits as mandated by law. Let us say Employee X, a daily paid worker in NCR, resigned effective October 15, 2017, following the 30-day prior notice rule in Article [...]

By Atty Elvin Labor Law Computation, Final Pay, Resignation 21 Comments Read more...

13 Sep

Theft of Company Property – Notice to Explain

Theft of company property may be ground for dismissal. Commission of theft by employees may cause not just his dismissal from service but also a live threat for criminal prosecution. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent (Art. 308, The Revised Penal Code). Conviction in a criminal [...]

By Atty Elvin Labor Law, Sample Forms theft 19 Comments Read more...

12 Sep

Insulting a Customer – Notice of Dismissal

Insulting a customer may be ground for dismissal if it amounts to serious misconduct. Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error in judgment (pp. 114-115, Guide to Valid Dismissal of Employees Second Edition citing Telecommunications Distributors Specialist, Inc., vs. Raymund Garriel, G.R. No. 174981, May 25, 2009). The misconduct, to be serious within [...]

By Atty Elvin Labor Law, Sample Forms insulting a customer, Serious Misconduct 23 Comments Read more...

12 Sep

Insulting a Customer – Notice to Explain

Insulting a customer may be a serious offense for a customer-oriented company. It should be noted that if the decision is to dismiss the employer once the offense amounts to dismissible instance, then the employer should observe the procedural due process. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 70 Notice to Explain (First Notice) – Insulting a customer To : Name of Employee From : Human Resources Manager Subject : [...]

By Atty Elvin Labor Law, Sample Forms insulting a customer 29 Comments Read more...

10 Sep

Fighting with a Customer – Notice of Dismissal

Fighting with a customer may be considered a grave offense by a customer-service oriented company. In this example, the fictional employee had gone through the process of notice to explain, conference, and now this final notice of dismissal. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 69 Decision to Dismiss (Final Notice) – Fighting with a customer To : Name of Employee From : HR MANAGER or other [...]

By Atty Elvin Labor Law, Sample Forms fighting with customer 18 Comments Read more...

10 Sep

Fighting with Customer – Sample Notice to Explain

Fighting with customer, for most customer-service oriented companies, is a serious violation committed by employees. The sample form below provides a fictional situation where this offense can be subject of disciplinary action. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 117-119). Form No. 68 Notice to Explain (First Notice) – Fighting with a customer To : Name of Employee From : Human Resources Manager Subject : Fighting with a customer Date : (Date [...]

By Atty Elvin Labor Law, Sample Forms Fighting with Customers 19 Comments Read more...

09 Sep

Bribery – Sample Notice of Dismissal

Bribery may be ground for dismissal. Accepting gifts, money, or any consideration as cause to perform one’s job can be a dismissible offense. In this sample notice, the employee being charged had gone through the NTE and hearing. This is the final step to dismiss. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 65 Decision to Dismiss (Final Notice) – Accepting gifts from supplier To : Name of Employee From : HR [...]

By Atty Elvin Labor Law, Sample Forms bribery 18 Comments Read more...

06 Sep

Bribery may be Ground for Disciplinary Action – Sample Notice to Explain

Bribery or even acceptance of gifts may be established as an offense under the company’s code of conduct. Employees may be prohibited from accepting gifts from supplier or bribe. The employer may prohibit the acceptance of gifts from a supplier and impose the penalty of termination for its violation. Accepting gifts from a supplier may cause the employee to give the supplier undue advantage over their competitors, and creates a situation of conflict of interest that can be prejudicial to the employer. [...]

By Atty Elvin Labor Law bribery 28 Comments Read more...