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Labor Law

02 Aug

Libel Against a Superior is a Serious Misconduct and Ground for Dismissal of Employee – Sample Notice to Explain

Libel committed against an officer of the company is a serious misconduct. It can be ground for dismissal of employees. In addition, libel if committed through the social media or any Internet-based platforms may constitute cybercrime. Below is the Sample Notice to Explain for libel against a superior. The post is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (page 52). Form No. 26 Notice to Explain (First Notice) – Libel against superior To : BELL LI [...]

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31 Jul

Sample Notice of Decision – Fighting Inside Company Premises

Sample Notice of Decision for the charge of fighting inside company premises provides general guide on how disciplinary action should be dispensed on erring employees. The post below is based on Atty. Villanueva’s book Human Resource Forms, Notices & Contracts Volume 2 (pp. 40-41). To fully appreciate the value of this form, reader should go back to two previous posts involving this offense to understand the full extent of procedural due process in employee dismissal. Form No. 18 Decision to Dismiss (Final Notice) [...]

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26 Jul

D.O. 174 Does not Apply to Other Contractual Relationship

D.O. 174 of the Department of Labor and Employment is the Implementing Rules and Regulations of Articles 106 to 109 of the Labor Code, as amended. It applies to cases where there is contracting or sub-contracting in a trilateral relationship where there is employer-employee tie between the contractor and workers deployed to principal. Get an updated, re-numbered copy of the Labor Code 2017 It does not contemplate to cover information technology-enabled services involving an entire or specific business process. D.O. No. 174, Series [...]

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25 Jul

Order to be Obeyed in Willful Disobedience must be Known to Employee

Order subject of the charge for willful disobedience must not only be reasonable but also made known to the employee. Otherwise, dismissal will not comply with substantive due process. One cannot follow an order that he does not know of. Hence, the basic task of employer is to make known such order to his employee. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 139-141). The order or mandate of an employer may [...]

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23 Jul

Drug Testing Requirement of Employer Does not Violate Right to Privacy

Drug testing is one of the activities being implemented by the company to prevent future problems with the behavior of workers brought about by the use of illegal drugs. Does it violate the constitutional right to privacy of an individual subjected to the drug-testing process? The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. In the case of Social Justice Society vs. Dangerous Drugs Board, the Supreme Court said: “Taking into account the foregoing factors, i.e., the [...]

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23 Jul

Reasonable Order: Meaning of Reasonable in Reasonable Order

Reasonable order is required for an employee’s refusal to follow the directive to constitute willful disobedience. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. What is reasonable depends on the circumstances. The reasonableness and lawfulness of a rule, order or instruction depend on the circumstances availing in each case. Reasonableness pertains to the kind or character of directives and commands and to the manner in which they are made. However, when the law requires that [...]

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21 Jul

D.O. 174 Non-Applicability to certain Business Arrangement and Industry

D.O. 174, Series of 2017, applies only to trilateral relationship which characterizes contracting or subcontracting arrangement. There are cases where the D.O. 174 has no application. Thus, the DOLE issued Department Circular No. 01, Series of 2017 clarifying its applicability, to wit: DEPARTMENT CIRCULAR NO. 01 Series of 2017 Clarifying the Applicability of Department Order No. 174, Series of 2017 Purpose This Circular issued to clarify the applicability/non-applicability of Department Order No. 174, series of 2017, or the new Rules Implementing Articles 106 to 109 of [...]

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21 Jul

Willful disobedience as Ground for Disciplinary Action

Willful disobedience or insubordination can be ground for disciplinary action which the employer can penalize with dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Another ground for dismissal under Article 282 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order [...]

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20 Jul

Sexual Harassment is a Dismissible Offense

Sexual harassment is an imposition of misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Sexual harassment is a relatively new act punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual [...]

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19 Jul

Theft as Serious Misconduct and Ground for Dismissal

Theft can fall under serious misconduct or willful breach of trust. In either case, it can be ground for dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (See citations in the book of the doctrines discussed hereunder). 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 [...]

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