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30 Jul

Proclamation No. 985 Eidul Adha July 31, 2020 Regular Holiday PDF

Proclamation No. 985 was issued by Malacañang on July 29, 2020, declaring July 31, 2020 as a national holiday in observance of Eidul Adha based on the recommendation of the NCMF. This completes Proclamation No. 845 which on November 15, 2019 declared, among others, Eid’l Adha, as a national holiday. View the PDF file of Proclamation No. 845 here. Section 2 of R.A. 9849 amended Section 26, Chapter 7, Book I of Executive Order No. 292, otherwise known as “The Administrative [...]

By Atty Elvin Labor Law Proclamation 15 Comments Read more...

29 Jul

Holiday Pay Rules with Sample Computation for Eid’l Adha Regular Holiday per Labor Advisory 25, Series of 2020

Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, Eid’l Adha as a national holiday. Section 2 of R.A. 9849 amended Section 26, Chapter 7, Book I of Executive Order No. 292, otherwise known as “The Administrative Code of 1987”, as amended including Eidul Adha among the Regular Holidays. It is considered as a movable date. Under Proclamation No. 845, the proclamations declaring national holidays for the observance of Eid’l [...]

By Atty Elvin Labor Law holiday pay 18 Comments Read more...

27 Jul

Labor Judgment that has been Executed and Fully Satisfied Cannot be Recomputed

Labor case, no matter how complex has to come to an end. Execution is the final stage of litigation, the end of the suit. (See Mt. Carmel College vs. Resuena, 561 Phil. 620, 645 (2007) citing Torres vs. NLRC, 386 Phil. 620-645 (2007)) The labor laws dictate that backwages must be computed from the time the employee was unjustly dismissed until his or her actual reinstatement or upon payment of his or her separation pay if reinstatement is no longer [...]

By Atty Elvin Labor Law immutability of judgment 14 Comments Read more...

20 Jul

Prescriptive Period to Claim Service Incentive Leave (SIL) Commences from the Time of Entitlement of Demand for Commutation Upon Termination of Employment

Prescriptive period for money claims is three (3) years. To fully appreciate the rule on the reckoning of prescriptive period on SIL claims, a discussion on general rules on prescription of action in Article 291 of the Labor Code should be made. Prescription pertains to the time within which a claim has to be filed. A prescriptive period of three (3) years for example means that an action should be filed within three years. After such period, the action is [...]

By Atty Elvin Labor Law Money claims, Prescriptive period, service incentive leave 22 Comments Read more...

17 Jul

Totality of Infractions Principle Applies to an Offense that in Itself is Not Punishable with Dismissal

The totality of infractions or the number of violations committed during the period of employment shall be considered in determining the penalty to be imposed upon an erring employee. The offenses committed by him should not be taken singly and separately but in their totality. Fitness for continued employment cannot be compartmentalized into tight little cubicles of aspects of character, conduct, and ability separate and independent of each other. (Pp. 154-155, Guide to Valid Dismissal of Employees, 2nd Edition, [...]

By Atty Elvin Labor Law Totality of infractions 12 Comments Read more...

12 Jul

Redundancy Exists When an Employee’s Services are in Excess of What is Reasonably Demanded by the Enterprise

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufacture or undertaken by the enterprise. (Page 221, Guide [...]

By Atty Elvin Labor Law Redundancy 18 Comments Read more...

09 Jul

Project Employee and Indicators of this Form of Employment

Project employee has been defined to be one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Human Resource Forms, Notices & Contracts Volume 1 by Atty. Elvin B. Villanueva, citing Philippine National Construction Corporation vs. National Labor Relations Commission, G.R. No. 85323, 20 June 1989, 174 SCRA 191; See also Mercado vs. NLRC, G.R. No. 79869 September 5, [...]

By Atty Elvin Labor Law contract for project employment 16 Comments Read more...

03 Jul

Employee Code of Conduct

Employee Code of Conduct is one of the important tools in HR arsenal. In fact, probably in all establishments where harmonious relationship needs to be attained. Discipline is a systematic instruction intended to train a person, sometimes literally called a disciple, in a craft, trade or other activity, or to follow a particular code of conduct or rules of order. To discipline means to enforce an order–that is, ensuring that instructions are carried out–which is often regulated through punishment. When an [...]

By Atty Elvin Labor Law code of conduct 23 Comments Read more...

03 Jul

Drug-Free Workplace Sample Policy Pursuant to DOLE Requirements

Drug-Free Workplace Policy Editable Template Here Drug-Free Workplace Policy should be set up in accordance with the provisions of Section 47, Article V, Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, and the Department Order No. 53-03, “Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector” issued by the Department of Labor and Employment (DOLE). The policy should express the company’s adoption of the measures for prevention of drug abuse in the [...]

By Atty Elvin Labor Law Drug Testing, drug-free workplace policy 13 Comments Read more...

24 Jun

Project Employment Does Not Arise Where the Employee Performed Work that is Necessary and Indispensable to Usual Trade or Business of Employer

Project employment exists where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee. (See page 276, citing Art. 295, Labor Code of the Philippines, Atty. Elvin B. Villanueva) The principal test for determining whether particular employees are properly characterized as “project[-based] employees” as distinguished from “regular employees,” is whether or not the employees were assigned to carry out a “specific [...]

By Atty Elvin Labor Law project employment 16 Comments Read more...