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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 [...]

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) [...]

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 [...]

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):

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 [...]

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 [...]

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 [...]

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 [...]

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. [...]

Rules on Pay During Special Working Holiday 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 [...]

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