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23 Jan

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: The [...]

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02 Nov

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 practitioners [...]

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04 Sep

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 of [...]

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02 Jun

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, company [...]

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14 Mar

Flexible Work Arrangement Contract Sample Due to COVID-19 and Metro Manila Lockdown

Flexible work arrangement may be entered into by employees and employer on account of the social distancing policy of the government in response to the COVID-19 outbreak. Per Labor Advisory 09, Series of 2020, the employers and employees are encouraged to explore other alternative work arrangements in order to cushion and mitigate the effect of the loss of income of the employees. Below is a sample of partial Flexible Work Arrangement (FWA) that may be adopted due to the company’s decision [...]

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13 Jan

Ash Fall Situation Due to Volcanic Eruption; Labor Advisory 01, Series of 2020 on Rules of Pay for Work Suspension

Ash fall occurred recently on account of the impending eruption of Taal Volcano which PHIVOLCS placed at alert level 4 as of January 13, 2020. See the PDF file of Labor Advisory 01, Series of 2020 here (original file not mine). The Department of Labor and Employment (DOLE) on January 13, 2020 issued Labor Advisory 01, Series of 2020 on the suspension of work by reason of natural or man-made calamity. Although the DOLE issuance does not specifically mention the Taal [...]

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13 Jan

Labor Advisory 01, Series of 2020 on Rules of Pay for Work Suspension (PDF File) due to Natural Calamity

Ash fall occurred recently on account of the impending eruption of Taal Volcano which PHIVOLCS placed at alert level 4 as of January 13, 2020. On even date, January 13, 2020, the DOLE issued Labor Advisory 01, Series of 2020 on pay rules governing work on days of said calamity/ies. Copy of the PDF version of the Labor Advisory 01, Series of 2020 is shown below (original file not mine). See Sample Pay Computation Here.

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28 Oct

Holiday Pay Rules for November 2019 Holidays: How to Compute Holiday Pay

Holiday pay rules depend on whether the holiday is a special or regular holiday. Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 555 declared November 2, 2019 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saint’s Day and All Soul’s Day.” November 30, 2019 is Bonifacio Day which is a regular holiday under R.A. 9492. The Department of Labor [...]

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