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03 Dec

Holiday Pay Sample Computation for December 2020 Regular Holidays

Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, December 25, 2020 as regular holiday being Christmas day as well as December 30, 2020 being Rizal Day. While the Department of Labor and Employment (DOLE) still has to issue a Labor Advisory for said regular holidays, below is the sample illustration on the computation of pay during these regular holidays. Thus: If the employee in NCR did not work on said [...]

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26 Nov

Holiday Pay Deferred Due to Pandemic Should be Paid on December 31, 2020 per DOLE Advisory (PDF)

Holiday pay obligation was allowed to be deferred by the Department of Labor and Employment (DOLE) in several advisories issued. These advisories are: Labor Advisory No. 13-A Labor Advisory No. 15 Labor Advisory No. 20 Labor Advisory No. 22 Labor Advisory No. 25 Labor Advisory No. 27 Labor Advisory No. 29 Recently, the DOLE issued Labor Advisory 31, Series of 2020 requiring employers who were allowed to defer payment of the holiday pay of their employees to pay all covered employees of the deferred holiday pay equivalent [...]

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19 Nov

Hearing or Conference in Administrative Proceeding Inside the Company as Viewed in the case of Perez vs. PT&T

Hearing or conference is one of the procedural due process requirements in certain cases. The Labor Code mandates that the employee to be dismissed for just cause should be given ample opportunity to be heard. Otherwise, the employer shall be held liable for indemnity in the form of nominal damages. The amount for this indemnity at present is PhP30,000.00. Article 292(b) of the Labor Code provides that, in cases of termination for a just cause, an employee must be given “ample [...]

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12 Nov

Extension of Bona Fide Suspension of Operations with Sample Notice Per DOLE DO 2015, Series of 2020

Extension of bona fide suspension of operations was not provided in Art. 301 of the Labor Code. As a background, bona fide suspension of operations provided under the Labor Code allows companies to temporarily close on account of lack of raw materials, orders, etc. Article 301 [Formerly Article 286] of the Labor Code contemplates a situation when employment is not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) [...]

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06 Nov

Sample Computation of 13th Month Pay for Year 2020

Sample computation of the 13th month pay mandatory benefit is shown here to guide both the employer and employee especially that the date of payment under the law is getting closer. Under P.D. 851, all employers are required to pay all their employees receiving a basic salary a 13th-month pay not later than December 24 of every year. Memorandum No. 28 modified Section 1 of P.D. 851 to the extent that all employees are hereby required to pay all their [...]

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02 Nov

Special Days and Regular Holiday in November 2020: How to Compute Holiday Pay

Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 845 declared November 2, 2020 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saints’ Day and All Souls’ Day.” November 30, 2018 is Bonifacio Day which is a regular holiday under R.A. 9492. Now, during these November special days employees have to get paid under certain situation. In all, HR practitioners [...]

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31 Oct

Bona Fide Suspension of Operations of Six Months Can Now be Extended

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Bona fide suspension of operations provided under the Labor Code allows companies to temporarily close on account of lack of raw materials, orders, etc. Article 301 [Formerly Article 286] of the Labor Code contemplates a situation when employment is not deemed terminated. The bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment [...]

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26 Oct

Reinstatement Pending Appeal with Sample Demand for Reinstatement Salaries and Benefits

Reinstatement, if ordered in a labor case by the Labor Arbiter, is immediately executory even pending appeal. The employer has the obligation to reinstate and pay the wages of the dismissed employee during the period of appeal until reversal by the higher court. (Wenphil Corporation vs. Abing, G.R. No. 207983, April 7, 2014) Under Article 229 of the Labor Code, “the decision of the Labor Arbiter reinstating a dismissed or separated employee, insofar as the reinstatement aspect is concerned, shall [...]

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