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How to Handle an Employee Who Violates Company Rules with Threat to Property

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employers are sometimes faced with the challenge of imposing disciplinary action on employees who commit an offense that poses serious and imminent threat on the property. An example of this scenario is commission of theft of employer’s property. The common understanding is that the employer has to ask for an explanation or issue the Notice to Explain (NTE) to get the side of [...]

Holiday Pay Sample Computation for Eid’l Fitr (13 May 2021)

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 986 issued on 20 July 2020, as amended by  Proclamation No. 1107, issued on 26 February 2021, declared, among others, Eid’l Fitr as a national holiday. Under R.A. 9492, Eid’l Fitr was declared as a regular holiday. It is a movable date.. View the PDF copies of Proclamation No. 986 and Proclamation [...]

Labor Day (May 1, 2021) Regular Holiday Pay Sample Computation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Labor Day, May 1, 2021 is one of the regular holidays throughout the country. Proclamation No. 986 issued on 20 July 2020, as amended by  Proclamation No. 1107, issued on 26 February 2021, declared 1 May 2021 as regular holiday. View the PDF copies of Proclamation No. 986 and 1017 here (original files not mine). The Department of Labor and Employment (DOLE) has not yet [...]

Holiday Pay Sample Computation for Black Saturday 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Black Saturday Day is not one of the special days provided under R.A. 9492 which amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987. However, on 20 July 2020, Proclamation No. 986 was issued providing for the celebration of Black Saturday as a special non-working holiday, although it falls on [...]

Right to Disconnect in Philippine Context

Right to disconnect posts of the Department of Labor and Employment (DOLE) have been making rounds in the Internet last week. Purportedly, this came from the statement of DOLE Secretary Silvestre H. Bello stating that answering or ignoring texts, emails from employers after working hours is a voluntary engagement of an employee, and they are not obliged to respond or not. The right to disconnect is a choice of an employee. So, what is the concept of “right to disconnect?” [Note: [...]

Special Days and Regular Holiday in November 2020: How to Compute Holiday Pay

Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 845 declared November 2, 2020 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saints’ Day and All Souls’ Day.” November 30, 2018 is Bonifacio Day which is a regular holiday under R.A. 9492. Now, during these November special days employees have to get paid under certain situation. In all, HR [...]

Separation Pay Cannot be Granted to an Employee Dismissed for Serious Misconduct

Separation pay is a benefit granted under Article 298 of the Labor Code for termination of employees due to authorized cause. These authorized causes are termination due to installation of labor-saving devices, redundancy, retrenchment, and closure not due to losses. Separation is also granted for employees retrenched or terminated after the company has taken bonafide suspension of operations under Article 301 of the Labor Code. The same is given to an employee terminated due to disease under Article 299 [...]

Salary Adjustment Due to COVID-19 Pandemic

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Salary adjustment is a possibility as an alternative approach to business closure or any severe economic decision of a business. The Department of Labor and Employment on May 16, 2020 issued Labor Advisory 17, Series of 2020 providing that employers and employees may agree voluntarily in writing to temporarily adjust employees’ wage and wage-related benefits as provided for in the existing employment contract, [...]

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