Labor Seminar on Employment Compliance Under the New Normal by Atty. Elvin
Labor seminar on labor laws and issuances under the new normal will be held by Atty. Elvin on September 22, 2020 via Zoom at 1:30 p.m. to 4:00 p.m. The seminar, entitled Addressing Labor and Compliance Issues in the New Normal, is organized by the Center for Global Best Practices (CGBP).
The topics that he will discuss are as follows:
ADDRESSING LABOR AND COMPLIANCE ISSUES IN THE NEW NORMAL
- Brief Background on the COVID-19 Pandemic and its impact on the workplace
- Government responses to prevent the spread and their effects on employment relationship
- Constitutional basis of government action (Sections 15 and 23)
- Bases of Presidential declarations:
- R.A. 10121
- R.A. 11332
- E.O. 168
- Office of the Secretary’s Memorandum placing entire Luzon under community quarantine on March 16, 2020
- Proclamation 922 (Declaration of the State of Public Health Emergency)
- Proclamation 929 (Declaring the Philippines to be under State of Calamity for a period of six months)
- IATF Resolutions and their amendments
- Overview of Labor issuances on regulations and compliance pursuant to the Executive issuances
- Labor Advisory 04, Series of 2020 (employment precautionary measures during NCOV status)
- Labor Advisory 09, Series of 2020 (Guidelines on Flexible Work Arrangements [FWA])
- Labor Advisory 11, Series of 2020 (FWA and Social Distancing in the workplace)
- Labor Advisory 12, Series of 2020 (CAMP COVID)
- Labor Advisories on deferment and exemption from payment of holiday pays
- Labor Advisory 14 and 14-A, Series of 2020 (Non-inclusion of Enhanced Community Quarantine [ECQ] from the probationary period)
- DOLE-DTI Guidelines
- Labor Advisory 17, Series of 2020 (Guidelines on Employment Preservation Upon Resumption of Business)
- Department Order No. 213, Series of 2020 (Guidelines in the Prescription Actions and the Suspension of Reglementary Periods to File Pleadings, Motions and Other Documents)
- Labor Advisory 18, Series of 2020 (Guidelines on the Cost of COVID-19 related PPE)
- Labor Advisory 17-A, Series of 2020 on Establishment Report Form
-
Related SSS, Pag-Ibig, and PhilHealth Issuances
- Labor-related compliance areas
- Occupational Health and Safety
- Hours of Work
- Flexible work arrangements
- Reduction of workdays
- Rotation
- Partial Suspension
- Work from Home
- Flexible work arrangements
- Non-Diminution of Benefits in relation to Labor Advisory on Wage and Benefits Adjustment
- Leave benefits
- Forced leave
- Service incentive leave
- Vacation leave and sick leave
- Payment of Holiday Pay
- Deferment of payment of holiday pay
- Exemption from payment for certain employers
- Forms of Employment
- Probationary period during COVID-19 / quarantine period
- Regularization
- Fixed-term
- Discipline during COVID-19 / quarantine period / post-quarantine period
- Bonafide Suspension of Operations (Art. 301 of the Labor Code)
- Termination / Dismissal
- Refusal to work vs. Abandonment of Work
- Termination for Authorized Cause
- Substantive Basis
- Retrenchment
- Procedural Due Process
- Establishment Report
- Notice to DOLE Field Office vs. DOLE Regional Office (Mejila vs. Wrigley Philippines, Inc., G.R. No. 199469/G.R. No. 199505. September 11, 2019)
- Labor Cases / Disputes
- Cases under SEnA
- Cases under Compulsory Arbitration / Mandatory Conferences
- Substantive Basis
- Filing of Position paper and related pleadings
- Filing of appeals
- Filing of Petition for Certiorari
- Overview of Related Notices, Agreements and Contracts
- Notice of Non-Inclusion of ECQ Period in Probationary Status
- Contract Clause reserving Non-Inclusion of period in the probationary due to government lockdown protocol
- Revision of the Clause on Termination for Authorized Cause
- Revision of the Clause on Bonafide Suspension
- Wage and Benefits Adjustment Agreement
- Agreement on FWA
- Work from Home (WFH) agreement
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