Welcome to LVS Rich Publishing!
(02) 8579-9170 | Buy Guide

Labor Law

30 Jun

Authorized cause is one of the Processes to Terminate Employees

Authorized cause for termination is provided under Article 283 [now 298 as re-numbered] of the Labor Code, as amended. Unlike the just cause found under Article 282 [now 297], the employee being terminated is not at fault. The changing business conditions or situations are the reason for the loss of employment. Re-numbered Labor Code 2017 by Atty. Elvin now available for pre-launch orders While dismissal when it is the fault of employee requires hearing or conference, termination due to authorized cause does not [...]

By Labor Law 19 Comments Read more...
29 Jun

Right Against Self-Incrimination may be Invoked in Administrative Proceeding

Right against self-incrimination is a constitutionally established right of an individual not to be compelled as witness against himself. Thus, he can invoke the right against self-incrimination when faced with questions that threaten criminal prosecution. The post below is based on the book Guide to Valid Dismissal Second Edition (pp. 79-80). The right against self-incrimination may be invoked in an administrative proceeding. Corollarily, it may happen that an employee, for fear that what he might say in an administrative proceeding may be [...]

By Labor Law 16 Comments Read more...
28 Jun

Admission of the Offense Being Charged may be a Reason to Dispense Actual Hearing

Admission operates against the person declaring such statements. While as a general rule a hearing or conference is required in employee dismissal if the worker admits having committed an offense it can stand as an exception to this rule. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 77-79). Although the law and jurisprudence have been very emphatic in mandating the observance of hearing as part of the due process requirement, there are certain [...]

By Labor Law , 21 Comments Read more...
27 Jun

Hearing or Conference, in certain situations, can be Dispensed with

Hearing or conference may not be necessary in cases where the employee admits the offense. Thus, there are instances that are exceptions to the requirement of holding a hearing or conference. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 75-77) In the following instances, the Court emphasized the importance of due process: 1. When dismissal is already apparent before due process was accorded. 2. Suspicion cannot be made as basis for dismissal. Factual findings, carefully [...]

By Labor Law 10 Comments Read more...
27 Jun

Hearing or Conference is not a Trial Court Proceeding and still Valid Despite Absence of Trial Technicalities

Hearing or conference in termination cases need not be conducted in a trial type manner. It is sufficient that the employee to be dismissed is given an ample opportunity to be heard. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. In a regular trial court procedure, the parties present evidence in the manner provided by the Rules of Court, except in certain instances where these requirements are not mandatory. The parties are subjected [...]

By Labor Law 25 Comments Read more...
25 Jun

Hearing or Conference Must be Held to Give Employee Ample Opportunity to be Heard

Hearing or conference is one of the requirements of procedural due process in employee dismissal. As a general rule, this should be held to satisfy the statutory requirements. There are exceptions to the holding of the hearing or conference though The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. After serving the first notice, the employers should schedule and conduct a hearing or conference wherein the employees will be given the opportunity to: (1) explain [...]

By Labor Law 13 Comments Read more...
24 Jun

Notice to Explain, if not Served Personally, Must be Sent to Employee’s Last Known Address

Notice to Explain must be served personally as a general rule. If it is not possible, it should be sent by registered mail to the last known address of the employee. The post below is based on the book Guide to Valid Dismissal of Employees (page 69): In case of termination, the notices shall be served on the employee’s last known address. This is usually found in the HR databases or 201 file. It is a good practice to update these records [...]

By Labor Law , 17 Comments Read more...
22 Jun

Reply to the Notice to Explain Should be Made at Least Five Calendar Days from Receipt of NTE

Reply to the NTE of the employee can be submitted by the employee being charged at least five calendar days from his receipt of the notice. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Cite the Labor Code provisions with accuracy under the re-numbered version pursuant to R.A. 10151 and DOLE Dept. Advisory 01, Series of 2015. Now available Labor Code 2017 by Atty. Villanueva. The law mandates that every opportunity and assistance must [...]

By Labor Law 45 Comments Read more...
21 Jun

Notices to Explain Should Contain Specific Allegations

Notices to Explain required in employee dismissal should contain specific allegations of the offense being charged, among other requirements of the law. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition In the case of King of Kings Transport, Inc. vs. Mamac, the Court said that the first written notice to be served on the employees should contain the specific causes or grounds for termination against them, and a directive that the employees are given [...]

By Labor Law 9 Comments Read more...
19 Jun

Muslim Holiday Rules also Apply to Non-Muslim Employees

Muslim holidays are among those religious occasions observed in the country. Many argued that if these are classified as regular holidays the pay should not apply to non-muslim employees. The post below is based on the book Guide on Employee Compensation and Benefits Volume 1 (pp. 153-154) Republic Act No. 9177 amended Section 26, Chapter 7 of Executive Order no. 292, otherwise known as the “Revised Administrative Code of 1987.” Eidul Fitr was added to the list of Regular Holidays and [...]

By Labor Law 21 Comments Read more...
error: Content is protected !!