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23 Jan

Right to Disconnect in Philippine Context

Right to disconnect posts of the Department of Labor and Employment (DOLE) have been making rounds in the Internet last week. Purportedly, this came from the statement of DOLE Secretary Silvestre H. Bello stating that answering or ignoring texts, emails from employers after working hours is a voluntary engagement of an employee, and they are not obliged to respond or not. The right to disconnect is a choice of an employee. So, what is the concept of “right to disconnect?” [Note: The [...]

By Atty Elvin Uncategorized right to disconnect 14 Comments Read more...

23 Jan

Vacation Leave Benefit Regulation Lies with the Employer

Vacation leave is a specie of the service incentive leave (SIL) in a sense that the employer still pays the employee although he is absent on a particular day. It is not found in the Labor Code unlike the SIL which is specifically stated in Article 95 of the Labor Code. The purpose of a vacation leave is to afford a laborer a chance to get a much-needed rest to replenish his worn-out energy and acquire a new vitality to [...]

By Atty Elvin Labor Law vacation leave 17 Comments Read more...

21 Jan

How to Evaluate Probationary Employees Using the Probationary Employment Evaluation Packet Super 5™

One of the challenging aspects of monitoring the performance of a probationary employee is the establishment of performance ratings, metrics, or measures. It is a settled rule that a probationary employee who was not apprised of the reasonable standards of performance to become regular employee is deemed regular from day one. The same effect occurs for employees who have been with the company for at least six months and have not undergone performance evaluation. No matter how low did the probationary [...]

By Atty Elvin Labor Law probationary employment 17 Comments Read more...

18 Jan

Illegal Dismissal Case and its Prescriptive Period

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Illegal dismissal arises when the employee is dismissed without just cause or authorized cause. Just causes are those listed under Article 297 of the Labor Code, as amended. Bear in mind that the list is general in scope. Thus, one must be aware of the decisions of the Supreme Court on interpretation of each of the paragraphs in said provision. See the digest of the [...]

By Atty Elvin Labor Law Illegal dismissal, Prescriptive period 15 Comments Read more...

16 Jan

Effects of Absence the Day Before the Regular Holiday

All covered employees shall be entitled to holiday pay when they are on leave of absence with pay on the workday immediately preceding the regular holiday. (Section 6, a, Rule VI, Omnibus Rules to Implement the Labor Code) Employees who are on leave of absence without pay on the day immediately preceding a regular holiday may not be paid the required holiday pay if they do not work on such regular holiday. (Section 6, a, Rule VI, Omnibus Rules to [...]

By Atty Elvin Labor Law regular holiday, successive regular holidays 38 Comments Read more...

09 Jan

Release, Waiver and Quitclaim: How to Grant the Final Pay of Deceased Employee

Release, Waiver and Quitclaim is an important document to establish the relinquishment by the claimant of the right against the company. In the case of employer-employee relationship, the right mentioned refers to the benefits to which the employee is entitled to. The rights of the employee accrue in accordance with law. Thus, even if the employee dies, the benefits that have already accrued in his favor may be claimed by his heirs. The employer is under obligation to release the final [...]

By Atty Elvin Labor Law deceased employee, Final Pay, release, retirement, settlement of estate, sole heir, waiver and quitclaim 16 Comments Read more...

06 Jan

Independent Contractor as Understood in D.O. 174

Independent contractors are those who exercise independent employment, contracting to do a piece of work according to their own methods and without being subjected to control of their employer except as to the result of their work. The discussion below is based on the book, Valid Job Contracting and Sub-contracting, 2nd Edition Book (pages 30-32) by Atty. Villanueva. View the PDF Version of the book here. A more comprehensive definition states that an independent contractor is one who undertakes “job contracting,” [...]

By Atty Elvin Labor Law job contracting 26 Comments Read more...

04 Jan

Data Privacy Involving Employee’s Health Information with Sample Waiver and SPA

Data privacy law is probably one of the hallmark legislations in the country protecting the personal information of individuals transacting with any entity. The Data Privacy Act of 2012 (DPA) declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that [...]

By Atty Elvin Labor Law data privacy act 13 Comments Read more...

23 Dec

Holiday Pay Sample Computation for January 1, 2021 or New Year’s Day

Holiday pay should be paid accordingly, particularly the regular holiday this coming January 1, 2021, the first regular holiday of the new year which falls on a Friday. On July 30, 2020 Presidential Proclamation No. 986 declared, among others, January 1, 2021 as a regular holiday being New Year’s Day. See the PDF copy of Proclamation No. 986 here (original not mine). While the Department of Labor and Employment (DOLE) still has to issue a Labor Advisory for said regular holidays, [...]

By Atty Elvin Labor Law regular holiday 16 Comments Read more...

07 Dec

Holiday Pay Computation for Special Days in December 2020

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. Presidential Proclamation No. 845 declared December 24, 2020 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional Christmas Day commemorative activities, and will provide domestic tourism [...]

By Atty Elvin Labor Law special day 17 Comments Read more...