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14 May

No Spouse Employment Policy

The case of Star Paper Corporation vs. Simbol brought about the concepts of disparate impact and disparate treatment on employment discrimination into our shores. In disparate treatment analysis, the complainant must prove that an employment policy is discriminatory on its face. No-spouse employment policies requiring an employee of a particular sex to either quit, transfer, or be fired are facially discriminatory. For example, an employment policy prohibiting the employer from hiring wives of male employees, but not husbands of female [...]

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

04 May

Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that: “Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Serious Misconduct, Sexual harassment, substantive due process 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts: Falsified his employment application form by not stating therein that he is the nephew of the company’s manager; Falsified gasoline receipt; Submitted false report of his trade outlet calls; and Unauthorized availment of sick, vacation and emergency leaves The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

01 May

Labor Day (May 1, 2022) Regular Holiday Pay Rules

Labor Day, May 1, 2022 is one of the regular holidays throughout the country. Proclamation No. 1236 issued on 29 October 2021 declared, among others, declared 1 May 2021 (Sunday) as regular holiday. View the PDF copies of Proclamation No. 1236 (original file not mine). The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) No. 11, Series of 2022 governing the rules on payment for this holiday. View the PDF copy of Labor Advisory No. 11, Series of 2022 (original file [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, labor, Labor Code, labor day, labor law, regular holiday 0 Comments Read more...

28 Apr

Holiday Pay Sample Computation for Eid’l Fitr (3 May 2022)

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 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 copy of Proclamation No. 1236 (original file not mine). Likewise, R.A. 9177 also declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country. Under Proclamation No. 1236, the proclamation declaring national holidays for the [...]

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l fitr, employee, employer, employment, holiday, Labor Code, labor law, ramadan, regular holiday 0 Comments Read more...

28 Apr

NCMF Recommendation for Ramadan May 3, 2022

On 18 April 2022 the NCMF recommended 3 May 2022 to be declared as a national holiday in observance and celebration of the Eid’l Fitr. Below is the PDF Copy (Original file not mine):

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l fitr, holiday, Labor Code, labor law, ramadan, regular holiday 15 Comments Read more...

25 Apr

Breach of Trust is a Factual Issue

Breach trust must be proven as a fact. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of trust and confidence. While it is true that loss of trust and confidence is a just cause for termination, it must not be simulated or concocted but must be supported by substantial evidence. The evidence must be substantial [...]

By Atty Elvin Labor Law atty. elvin, breach of trust, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, termination, willful breach of trust 20 Comments Read more...

11 Apr

Burden of Proof in Constructive Dismissal

Burden of proof is the standard required in proving a case. In cases of constructive dismissal, the burden of proof is on the employer to show that the employee was dismissed for a valid and a just cause. (Suldao vs. Cimech System Construction, Inc., G.R. No. 171392, October 30, 2006.) This means that if the employee claims he was constructively dismissed from service and sues the employer, it is the employer who must prove that the employee was not dismissed from [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, constructive dismissal, dismissal, due process, Just Cause, labor case, Labor Code, labor law, nlrc 18 Comments Read more...

08 Apr

Constructive Dismissal

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit. (Tan Brothers Corporation of Basilan City vs. Escudero G.R. No. 188711, July 3, 2013 citing The University of Immaculate Conception vs. NLRC, G.R. [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, management prerogative 16 Comments Read more...