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26 Sep

AWOL Warning Notice As Penalty in Filipino

AWOL or Absence Without Official Leave is a form of neglect of duty. However, not all instances constituting neglect of duty warrants dismissal as a penalty. Neglect of duty, to be a ground for dismissal under Article 297 [formerly Article 282] of the Labor Code, must be both gross and habitual. (Nissan Motor Phils., Inc. vs. Angelo, G.R. No. 164181, September 14, 2011, 657 SCRA 520, 530; Cavite Apparel, Inc. vs. Marquez, G.R. No. 172044 February 06, 2013) Gross negligence implies [...]

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25 Sep

Sample Notice To Explain For Absence Without Leave (AWOL) In Filipino

Sample notice to explain for absence without leave is provided in this post involving an absence of just one (1) day. This notice includes a return to work order at the last paragraph. As a matter of policy, absence of one (1) day without prior authorization such as lack of leave form filed should subject the individual to disciplinary action. The same result should happen with regard to those who are absent due to emergency case (medical or calamity) but [...]

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19 Sep

Employment Contract Extending Probationary Status in Filipino

Employment contract that extends the probationary status of employee may be signed by the parties. The extension must be the result of failure of employee to prove fitness as regular employee during the probationary period of six (6) months. Hence, there must be an original probationary agreement where parties agreed to extend in case of failure of the probationary employee to perform in accordance with the standards made known to him. Here is a sample of this Probationary Contract in Filipino. Once [...]

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18 Sep

Probationary Employees Who Failed To Perform May Be Extended Upon Mutual Agreement; Sample Notice Of Extension In Filipino

Probationary employees refer to those who undergo a trial period. Art. 296 [formerly Art. 281] of the Labor Code provides that probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The Labor Code of the Philippines 2018 Edition (re-numbered and updated) The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when [...]

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20 Aug

DATA PRIVACY ACT IN RELATION TO EMPLOYMENT RECORDS

Data Privacy Act (DPA) of 2012 or RA 10173 expresses the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected. DPA applies to the processing [...]

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06 Aug

Company Policy Should Be Made Known To Employees; Sample Document Proving Receipt (in Filipino)

Company policy partakes of the nature of an implied contract between the employer and employee. (Abbott Laboratories vs. Alcaraz, G.R. No. 192571, July 23, 2013) The Supreme Court, citing Parts Depot, Inc. vs. Beiswenger, (170 S.W.3d 354 (Ky. 2005)) held that employer statements of policy can give rise to contractual rights in employees without evidence that the parties mutually agreed that the policy statements would create contractual rights in the employee, and, hence, although the statement of policy is signed [...]

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01 Aug

Administrative Hearing Or Conference In Employee Dismissal

Administrative hearing or conference, as a general rule, should be held to accord employee to be dismissed the procedural due process required to defend himself. Every employee enjoys security of tenure. For non-regular employees this is limited though. These employees are fixed-term, casual, project, seasonal, and probationary. The reason the tenure is limited is that the termination of their employment is governed by the term of the contract, nature of temporary engagement, completion of the project or end of season. However, [...]

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26 Jul

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

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24 Jul

RECKLESS DRIVING MAY BE GROSS NEGLECT OF DUTY; SAMPLE DISCIPLINARY NOTICE

In the case of Yellow Bus Line Employees Union (YBLEU) vs. Yellow Bus Line, Inc. (YBLI) [G.R. No. 190876, June 15, 2016], the Supreme Court held that Article 282 [now Article 297] of the Labor Code provides that one of the just causes for terminating an employment is the employee’s gross and habitual neglect of his duties. Get an updated and re-numbered copy of the Labor Code of the Philippines 2018 Edition This cause includes gross inefficiency, negligence and carelessness. Gross [...]

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19 Jul

RELEASE, WAIVER AND QUITCLAIM ARE GENERALY FROWNED UPON BY THE COURTS

Jurisprudence frowns upon waivers and quitclaims forced upon employees. Waivers and quitclaims are, however, not invalid in themselves. When shown to be freely executed, they validly discharge an employer from liability to an employee. A legitimate waiver representing a voluntary settlement of a laborer’s claims should be respected by the courts as the law between the parties. (Remoticado vs. Typical Consturction Trading Corp. and Rommel M. Alignay, G.R. No. 206529. April 23, 2018) In Goodrich Manufacturing Corporation vs. Ativo it [...]

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