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24 Feb

Employee Vaccination Consent for COVID-19 Template

Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer. The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them. The State is further mandated under Article XIII, Section 11 [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employer, management prerogative, vaccine 17 Comments Read more...

15 Feb

Holiday Pay How to Compute for EDSA Revolution Special Day 2021

Holiday pay should be given to employees who work on special day. February 25, 2021 was declared as special days in Proclamation 986 as Special (Non-Working) Day. See PDF copy of Proclamation 986 here. On 9 February 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021 providing rules for pay for the special (Non-Working) Day on 25 February 2021 being EDSA Revolution Anniversary. See the PDF version of Labor Advisory 02, Series of 2021 [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation and benefits, EDSA Revolution, employee, employer, holiday pay, labor, Labor Code, labor law, special day 26 Comments Read more...

14 Feb

Serious Misconduct Exists When the Employee Creates False Narrative Against the Employer

Serious misconduct as ground for valid dismissal requires: (a) the misconduct must be serious; (b) it must relate to the performance of the employee’s duties showing that the employee has become unfit to continue working for the employer; and ( c) it must have been performed with wrongful intent. Thus, the Supreme Court (SC) ruled in the following case of Metro Psychiatry, Inc. vs. Bernie J. Llorente (G.R. No. 245258, February 5, 2020). Llorente was served with a Memorandum by MPI [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, Labor Code, quantum of proof, Serious Misconduct, Substantial evidence, termination 14 Comments Read more...

11 Feb

How to Compute Holiday Pay on Chinese New Year 2021

Chinese New Year Day was declared as one of the special days in Proclamation 986 declaring 12 February 2021 (Friday) as Special (Non-Working) Day. On 9 February 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021 providing rules for pay for the special (Non-Working) Day on 12 February 2021 being Chinese New Year. See the PDF version of Labor Advisory 02, Series of 2021 here For instance, Ms. Julie Henderson is a Waitress of Murana [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, employee, employer, holiday pay, Labor Code, labor law, special day 9 Comments Read more...

11 Feb

Holiday Pay for Chinese New Year 2021 per Labor Advisory 02, Series of 2021 PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Chinese New Year falling on February 12, 2021 was declared as Special Day under Proclamation No. 986. Thus, being a special day, the general rule is no-work, no-pay. In relation to said Proclamation, the Department of Labor and Employment (DOLE) issued Labor Advisory 02, Series of 2021. Below is the PDF of the Labor Advisory (original copy/file not mine). Here is the link to Proclamation [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, employee, employer, holiday pay, Labor Code, labor law, special day 18 Comments Read more...

11 Feb

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule. This means that when there is doubt as to propriety on the use of this [...]

By Atty Elvin Labor Law, Sample Forms atty. elvin, employment, employment agreement, employment contract, fixed-term employment, Labor Code, labor law 18 Comments Read more...

09 Feb

Transfer of Employee Done in Good Faith is not Illegal Even if Costly and Inconvenient

Transfer of employees is one of the management prerogatives. The employer has the prerogative of making transfers and reassignment of employees to meet the requirements of the business. Since the employees are viewed as having no vested rights over the position, the employer can transfer them whenever the exigencies of business require it. In a number of cases, the Court has recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment [...]

By Atty Elvin Labor Law atty. elvin, employee, employee transfer, employer, labor, Labor Code, management prerogative, transfer 30 Comments Read more...

07 Feb

Affidavit of Loss of Cellular Phone with Globe SIM

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Affidavit of Loss of cellular phone with Globe SIM card seeking replacement of the SIM and retaining the number. Republic of the Philippines ) City of Makati ) S.S. AFFIDAVIT OF LOSS I, JUAN DELA CRUZ, Filipino, of legal age, single, and a resident of Unit 12334 MET2, Dela Rosa St., Brgy. Pio Del Pilar, Makati City, after having been duly sworn to, in accordance with [...]

By Atty Elvin Affidavit Affidavit of Loss - SIM Card 13 Comments Read more...

31 Jan

Affidavit of Less Income Sample

Affidavit of less income may be needed for companies, businesses, and entities applying for business permits to save on fees that need to be paid. The COVID-19 pandemic is unprecedented and caused havoc on the financial conditions of most businesses. In this scenario, small entities have been severely affected. Thus, it makes sense if these companies seek for the lower fees in their application for business permits in their road for recovery. Below is a sample of the Affidavit of Less Income: Republic [...]

By Atty Elvin Affidavit Affidavit of Less Income 16 Comments Read more...

25 Jan

Affidavit of Indigency or Economic Status Sample

Affidavit is a document executed by an individual who appears before the notary to subscribe the same. The process of executing an affidavit refers to an act in which an individual, on a single occasion: (a) appears in person before the notary public and presents an instrument or document; (b) is personally known to the notary public or identified by the notary public through competent evidence of identity as defined by these Rules; (c) signs the instrument or document in [...]

By Atty Elvin Affidavit, Affidavits affidavit of indigency 15 Comments Read more...