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01 Dec

Employers Can Require On-Site Employees to Get Vaccinated; Sample Forms and Templates for Implementation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Previously, the position of the government was to prohibit employers from requiring vaccination of their employees. However, the interest of public safety against COVID-19 seems to be the utmost concern considering the far-reaching impact of the pandemic to health, economy, and other facets of life. On 11 November 2021, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution N0. 148-B, [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employer, labor, Labor Code, management prerogative, vaccination 19 Comments Read more...

03 Nov

Special Days and Regular Holiday in November 2021: How to Compute Holiday Pay

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 All Saints Day falling on November 1. On 30 July 2020, Proclamation No. 986 was issued by Malacañang providing the list of regular holidays and special days for the year 2021. Special days are non-working under such proclamation. It also provides for two (2) additional special non-working days. Specifically, All Soul’s Day, falling on 2 November 2021 and [...]

By Atty Elvin Labor Law all saint's day, all soul's day, atty. elvin, benefits, Bonifacio Day, compensation, employee, employer, holiday, labor, Labor Code, labor law, regular holiday, special day, special non-working day, special working day 24 Comments Read more...

01 Nov

Computing Benefits for the November 2021 Holidays (1, 2, and 30) per Labor Advisory 19, Series of 2021 – PDF

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) has issued on 26 October 2021 the Labor Advisory No. 19, Series of 2021 on the rules for pay on special days and regular holiday for the month of November 2021. Below is the PDF file of this Labor Advisory (original file not mine):

By Atty Elvin Labor Law atty. elvin, compensation and benefits, employee, employer, holiday, holiday pay, labor, Labor Code, labor law, regular holiday, special day 13 Comments Read more...

29 Oct

How to Correctly Compute Thirteenth (13th) Month Pay Labor Advisory Guidelines Per Labor Advisory 18, Series of 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Thirteenth (13th) month pay is one of the benefits mandated to be granted to rank-and-file employees. The legal basis for the grant is P.D. 851, as amended by Memorandum Order No. 28, Series of 1986. The usual error in implementing this is the default practice of giving the one month equivalent of the monthly salary. Worse, deducting from the said salary the amount pertaining to [...]

By Atty Elvin Labor Law 13th month pay, atty. elvin, benefits, compensation, employee, employer, labor, Labor Code, labor law, pd 851, rank-and-file 29 Comments Read more...

28 Oct

Thirteenth (13th) Month Pay Guidelines Per Labor Advisory 18, Series of 2021

Thirteenth (13th) Month Pay is one of the benefits granted to rank-and-file employees pursuant to P.D. 851, as amended by Memorandum Order No. 28, Series of 1986. The benefit should be given not later than 24 of December every year based on the total basic salary earned during the calendar year divided by twelve months. The Department of Labor And Employment (DOLE) usually issues Labor Advisory in support of the implementation among the private sectors. On 25 October 2021, the DOLE [...]

By Atty Elvin Labor Law 13th month pay, atty. elvin, benefits, compensation, employee benefits, labor, Labor Advisory, Labor Code, pd 851 13 Comments Read more...

11 Oct

Employee on a Per Trip Basis can be Regular Employee

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged to perform activities which are necessary or desirable in the usual business or trade of the employer. Rodrigo A. Upod vs. Onon Trucking and Marketing Corporation and Aimardo V. Interior G.R. No. 248299, July 14, 2021 Regular employment of truck drivers in hauling business; Where the employee performed acts necessary and desirable to respondent company’s business [...]

By Atty Elvin Labor Law atty. elvin, elements of employer-employee, employee, employer, Employer-employee, Labor Code, labor law, regular employment 24 Comments Read more...

08 Oct

Constructive Dismissal Involving Reduced Responsibilities

Usually, constructive dismissal involves demotion in rank or diminution in pay. However, there could be constructive dismissal even though on paper there was no demotion in title or diminution in pay. To give a conceptual view, constructive dismissal exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” (Globe Telecom, Inc. vs. Galang, G.R. No. 150092, September 27, 2002.) There is constructive [...]

By Atty Elvin Labor Law constructive dismissal, demotion, demotion in rank, diminution in pay, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor dispute, labor law, termination 18 Comments Read more...

30 Sep

How to Validly Terminate Employee in the Philippines – A Video Course by Atty. Elvin B. Villanueva

Employee dismissal in the Philippines is probably one of the most technical areas of running a business in the country. Many companies lose the labor case because they failed to observe the proper grounds and procedure in employee dismissal. Termination is usually the last resort when it comes to handling problem employee. There could be other primary approaches like coaching, mentoring, caddying, or any other similar methods. However, it is also a fact that there are employees which the company [...]

By Atty Elvin Events, Labor Law atty. elvin, dismissal, Just Cause, Labor Code, termination 9 Comments Read more...

31 Aug

Holiday Pay Sample Computation for National Heroes Day (August 30, 2021)

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, National Heroes Day as a regular holiday to be observed in the country falling on 30 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). Hence, on 25 August 2021 the Department of Labor and Employment (DOLE) issued [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, labor, Labor Code, labor law, National Heroes Day, Proclamation, regular holiday 14 Comments Read more...

29 Aug

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employees who have sexual intercourse inside company premises can be validly terminated. In the case of Imasen Philippine Manufacturing Corporation vs. Alcon and Papa (G.R. No. 194884, October 22, 2014), two employees were caught having sexual intercourse on the factory floor. The employees involved in such case were hired as welders. On October 5, 2002, Ramoncito Alcon and Joann Papa reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, immorality, labor, Labor Code, labor law, management prerogative, Serious Misconduct, sexual intercourse 15 Comments Read more...