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13 Feb

Is it Really Easy to Terminate Managerial Employees?

It has been a common impression that managerial employees are easy to terminate. The cause of this view is the concept of loss of trust and confidence or willful breach of trust under Article 297 of the Labor Code, as amended. While an employer has its own interest to protect, and pursuant thereto, it may terminate a managerial employee for a just cause, such prerogative to dismiss or lay off an employee must be exercised without abuse of discretion. Its [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, labor law, loss of trust and confidence, managerial employee, terminate 16 Comments Read more...

11 Feb

Negligence: When is it a Valid Ground for Employee Dismissal?

Negligence is one of the common offenses violated by employees. However, do all forms of negligence warrant dismissal from service? No. For negligence to be a proper ground for termination, it must not only be gross but must be both “gross and habitual” in character to justify depriving an employee of his means of livelihood. In short, not all forms of negligence should be penalized with dismissal. A single or an isolated act of negligence which is not “gross and habitual” [...]

By Atty Elvin Labor Law atty. elvin, employee, employee discipline, employee dismissal, employer, Just Cause, labor, Labor Code, labor law, negligence, termination 18 Comments Read more...

10 Feb

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 18 Comments Read more...

31 Jan

How to Compute Holiday Pay on Chinese New Year 2022 and EDSA Anniversary 2022

Chinese New Year Day was declared as one of the special days in Proclamation 1236 declaring 1 February 2022 (Tuesday) as Special (Non-Working) Day. Further, 25 February 2022 (Friday) was declared also declared as special non-working day. PDF Copy of Proclamation 1236 is available here (original file not mine). On 26 January 2022, the Department of Labor and Employment (DOLE) issued Labor Advisory 03, Series of 2022 providing rules for pay for the special (Non-Working) Day on 1 February 2022 being [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, compensation and benefits, EDSA, employee, employer, holiday, labor, Labor Code, special day, special non-working day 18 Comments Read more...

31 Jan

Proclamation 1236 Provides List of 2022 Holidays

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Proclamation 1236 was issued providing for the list of holidays for the year 2022. Below is a copy of the PDF of the proclamation (original file not mine):

By Atty Elvin Uncategorized atty. elvin, benefits, compensation, holiday, labor, Labor Code, Proclamation 74 Comments Read more...

30 Jan

Labor Advisory 3, Series of 2022 on Rules for Pay for Work on Chinese New Year and EDSA Celebration

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Labor Advisory 3, Series of 2022 was issued by the Department of Labor and Employment (DOLE) on the rules of pay for work on Chinese New Year and EDSA Celebration. Below is the PDF Copy of this Advisory (original file not mine):

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, compensation and benefits, EDSA Anniversary, employee, employer, holiday pay, labor, Labor Code, labor law, special day 14 Comments Read more...

24 Jan

Isolation and Quarantine Leave Rules of DOLE

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Isolation and Quarantine Leave rules were issued by the Department of Labor and Employment (DOLE) on 17 January 2022 on account of the rising cases of COVID-19, especially the Omicron variant. View the PDF version of Labor Advisory 01, Series of 2022 here (original file not mine). The bugging question is whether it is mandatory for all employers to do so. It appears that it [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, employee, employer, isolation leave, labor, Labor Code, leave, quarantine leave 15 Comments Read more...

20 Jan

Isolation and Quarantine Leave Per Labor Advisory 01, Series of 2022

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Isolation and quarantine leave rules were issued by the Department of Labor and Employment (DOLE) on 17 January 2022 providing advisory on handling isolation and quarantine requirements of the company. PDF Copy is provided hereunder (original not mine):

By Atty Elvin Labor Law COVID-19, DOLE, employee, employer, isolation, labor, Labor Advisory, Labor Code, labor law, leave benefits, quarantine 19 Comments Read more...

25 Dec

Labor Advisory 23, Series of 2021 on December 8, 24, 25, 30, and 31 PDF Copy

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The Department of Labor and Employment (DOLE) issued Labor Advisory No. 23, Series of 2021 for the December 8, 24, 25, 30, and 31 holidays. Here, the DOLE provides the rules applicable for the payment of the applicable benefits. Below is the PDF copy of the said labor advisory (original copy not mine):

By Atty Elvin Labor Law atty. elvin, compensation and benefits, employee, employer, holiday, Labor Code, labor law 11 Comments Read more...

09 Dec

How to Compute Special Day Pay for December 8, 2021 Holiday

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Special days under R.A. 9492 include the last day of the year obviously falling on December 31. On December 28, 2017, R.A. 10966 was declared as a special non-working holiday in the entire country to commemorate the Feast of Immaculate Concepcion of Mary. On 30 July 2020, Proclamation No. 986 was issued by Malacañang providing the list of regular holidays and special days for [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, holiday pay, labor, Labor Code, labor law, mama Mary birthday, special day 13 Comments Read more...