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07 Sep

Separation Pay of Retrenched Employees Should Include Basic Salary and Regular Allowances

Separation pay is mandated to be paid to employees who were retrenched from service. Under Article 298 of the Labor Code, in case of retrenchment to prevent losses and in cases of closures or cessation of operations of establishment or undertaking not due to serious business losses or financial reverses, the separation pay shall be equivalent to one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher. A fraction of at [...]

By Atty Elvin Labor Law separation pay 11 Comments Read more...

04 Sep

Labor Seminar on Employment Compliance Under the New Normal by Atty. Elvin

Labor seminar on labor laws and issuances under the new normal will be held by Atty. Elvin on September 22, 2020 via Zoom at 1:30 p.m. to 4:00 p.m. The seminar, entitled Addressing Labor and Compliance Issues in the New Normal, is organized by the Center for Global Best Practices (CGBP). The topics that he will discuss are as follows: ADDRESSING LABOR AND COMPLIANCE ISSUES IN THE NEW NORMAL Brief Background on the COVID-19 Pandemic and its impact on the workplace Government responses [...]

By Atty Elvin Seminars Seminars 12 Comments Read more...

27 Aug

Work Guidelines Applicable to Construction Companies During COVID-19 Pandemic

Work guidelines have been issued by various government agencies relating to company operations on account of COVID-19 pandemic. Recently, the DOLE and the DTI have issued Supplemental Guidelines in a Joint Resolution. The DPWH has also issued its own particularly applicable to construction companies. Below are the highlights of the DPWH issuance with primer made by the author on several government issuances which are the umbrella regulations with respect to COVID-19 work approaches. Executive Order No. (E.O.) 168, s. 2014 created [...]

By Atty Elvin Labor Law COVID-19 18 Comments Read more...

22 Aug

Employment Guidelines Per DTI and DOLE Supplemental COVID-19 Memorandum

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employment work guidelines have been issued in a joint memorandum by the DTI and the DOLE. Below are the salient points of the supplemental guidelines. DTI and DOLE Supplemental Guidelines On August 15, 2020, the DTI and DOLE issued Joint Memorandum Circular No. 20-04-A, Series of 2020, which provides for Supplemental Guidelines on Workplace Prevention and Control of COVID-19. Said DTI and DOLE Guidelines apply to [...]

By Atty Elvin Labor Law COVID-19 18 Comments Read more...

20 Aug

Managerial Employees are not Entitled to Labor Standards Benefits VLOG

Managerial employees under Article 82 of the Labor Code, as amended are not entitled to labor standards benefits. In Atty. Elvin’s VLOG in his Youtube Channel, he explains the exemption of this class of employees. Likewise, he discusses the difference in the definition of the term in Art. 82 and Art. 219 [m]. Watch the video link below:

By Atty Elvin Labor Law managerial employees 17 Comments Read more...

20 Aug

Employment Contract that is Amended Lowering the Minimum Terms Under the Law is Not Binding on Employee

Employment contract is placed on a higher plane than ordinary contracts since it is imbued with public interest and, therefore, subject to the police power of the State. (See Leyte Geothermal Power Progressive Employees-Union-ALU-TUCP vs. Philippine National Oil Company-Energy Development Corp., 662 Phil. 225, 234 (2011).) The supremacy of the law over the nomenclature of the contract and its pacts and conditions is to bring life to the policy enshrined in the Constitution to afford full protection to labor. (Innodata [...]

By Atty Elvin Labor Law contract for project employment 18 Comments Read more...

11 Aug

Employment bond claims fall within the jurisdiction of the Labor Arbiter

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employment bond which oftentimes refers to the amount of money to be paid by the employee to the employer for resignation prior to the end of stipulated period or for termination for cause is an employment related issue although the dispute usually occurs when the employee is not anymore connected. For instance, the employer and employee may agree on a minimum employment length in [...]

By Atty Elvin Labor Law employment bond, jurisdiction 16 Comments Read more...

11 Aug

Employment contract is not entirely voided by a potestative condition imposed after the birth of the perfected agreement

Employment contract carrying a potestative condition is not entirely affected. A potestative condition is one the fulfillment of which depends exclusively upon the will of the debtor, in which case, the conditional obligation is void. If it pertains to the performance of the obligation and not on the birth of the perfected contract it shall affect only such provision and not the entire stipulations. Thus, the SC held in the case of Gemudiano vs. Naess Shipping Philippines, Inc. (G.R. No. 223825, [...]

By Atty Elvin Labor Law employment contract, jurisdiction, Potestative condition 28 Comments Read more...

07 Aug

Holidays for Year 2021 Per Proclamation 986 (PDF)

Holidays for the year 2021 have been declared under Proclamation 986 by Office of the President of the Philippines consisting of special (non-working) days and regular holidays. Below is the PDF version of the Proclamation 986 for reference (original file not mine):

By Atty Elvin Labor Law Holidays 2021, Proclamation, Proclamation 986 30 Comments Read more...