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15 Jul

Can a Former Employee Solicit the Company’s Client After Resignation?

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Running a business requires commitment of the owner and employees to a goal to increase the market, sales, and profitability. Competition is healthy. However, competition that proceeds from theft of company’s trade secrets, methodologies, strategies, and systems is not healthy. This refers to a situation where the former employee deals with the company’s customers without the knowledge of the latter. For instance, the employee has [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, labor, Labor Code, Non-Compete Clause 18 Comments Read more...

28 Jun

Reckless Imprudence Committed by Drivers of Company Vehicle as Ground for Discipline

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Reckless imprudence is a form of negligence. It connotes lack of foresight or lack of skill. For instance, a company driver who operates the vehicle and gets involved in a collision with another vehicle. This may result in death of the other driver and/or damage to the other vehicle. In such case, can the company hold the driver of its vehicle liable? More specifically, can [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, employee dismissal, labor, Labor Code 20 Comments Read more...

13 Jun

Holiday Pay Rules and Exemption, with Sample Computation for Independence Day Holiday June 12, 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Holiday pay should be paid accordingly, particularly the regular holiday. On 20 July 2020 Proclamation No. 986 was issued, as amended by Proclamation No. 1107, issued on 26 February 2021, declaring, among others, June 12, 2021 (Saturday) as a regular holiday nationwide. See PDF copy of Proclamation No. 986 and Proclamation No. 1107 here. On 11 June 2021, the Department of Labor and Employment (DOLE) [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, labor, Labor Code, labor law, regular holidays 20 Comments Read more...

13 Jun

Proclamation No. 1107 Lists Holidays that are Special Working and Non-Working for the Year 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate 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 Christmas Eve on 24 December 2021 were added as special non-working days. This [...]

By Atty Elvin Labor Law holidays, labor, Labor Code, labor law, Proclamation, regular holidays, special days 31 Comments Read more...

13 Jun

Labor Advisory on Independence Day Holiday Pay June 12, 2021 PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate On 20 July 2020 Proclamation No. 986 was issued, as amended by Proclamation No. 1107, issued on 26 February 2021, declaring, among others, June 12, 2021 (Saturday) as a regular holiday nationwide. See PDF copy of Proclamation No. 986 and Proclamation No. 1107 here (original copies not mine). See below as well Labor Advisory 12, Series of 2021 (Original file not mine):

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, Independence day, labor, Labor Advisory, Labor Code, labor law, regular holiday 16 Comments Read more...

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of violation [...]

By Atty Elvin Labor Law actual dismissal, atty. elvin, constructive dismissal, DOLE, Illegal dismissal, labor, labor case, Labor Code, Money claims, nlrc, RFA, SEnA 18 Comments Read more...

04 Jun

Notice to Explain vs. Investigation Report: Does the Company Need to have Both?

Notice to Explain (NTE) is one of the steps required in employee discipline. Most importantly it is mandatory to be issued in the case of employee termination. NTE is part of the procedural due process mandated by law. Not to make the valid termination illegal but to ensure that the right to due process is respected. Failure to issue the NTE violates this process and renders the employer liable for indemnity in the form of nominal damages. In some establishments, especially [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process 17 Comments Read more...

30 May

Holiday Pay Benefits Affecting Daily Paid Employees who are on Compressed Workweek (CWW)

Normally, establishments require work from Monday to Saturday at eight-hour work per day. Filipinos prefer to spend Saturdays and Sundays with family and for leisure activities among others. Employers would also like to save cost. Hence, the idea came out to compress the work days in a week from six days to five thereby eliminating the Saturday work. But the effect is an increased work hours from Monday to Friday where such excess hours are not compensable under overtime [...]

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

29 May

How to Handle an Employee Who Violates Company Rules with Threat to Property

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employers are sometimes faced with the challenge of imposing disciplinary action on employees who commit an offense that poses serious and imminent threat on the property. An example of this scenario is commission of theft of employer’s property. The common understanding is that the employer has to ask for an explanation or issue the Notice to Explain (NTE) to get the side of the [...]

By Atty Elvin Uncategorized atty. elvin, dismissal, Just Cause, labor, Labor Code, preventive suspension, termination, theft 22 Comments Read more...

09 May

Holiday Pay Sample Computation for Eid’l Fitr (13 May 2021)

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate 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, 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 copies of Proclamation No. 986 and Proclamation No. [...]

By Atty Elvin Uncategorized atty. elvin, compensation and benefits, eid'l fitr, employee, employer, holiday pay, labor, Labor Code, ramadan, regular holiday, regular holiday pay 22 Comments Read more...