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20 May

Holiday Pay Rules, Deferment, Exemption, for Eid’l Fitr or Ramadhan May 25, 2020 with with Sample Computation and PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, Eid’l Fitr as a national holiday. Under R.A. 9492, Eid’l Fitr was declared as a regular holiday. It is a movable date. See the PDF of Proclamation 845 here. Under Proclamation No. 845, the proclamations declaring national holidays for the observance of Eid’l Fitr [...]

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19 May

Eid’l Fitr 2020 Falls on May 25 as Declared under Proclamation No. 944 (PDF Copy)

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Eid’l Fitr (Feast of Ramadhan)  was declared as a regular holiday throughout the country under Republic Act No. 9177. The date of observation of the holiday requires the recommendation of the National Commission on Muslim Affairs. On May 19, 2020, the Malacañang issued Proclamation 944 declaring May 25, 2020 as a national holiday in observance of the Eid’l Fitr (Feast of Ramadan). Below is the [...]

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18 May

Employer Must Shoulder the Cost of COVID-19 Control Measures

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employer should foot the bill for the prevention and control measures of COVID-19 according to the Department of Labor and Employment (DOLE). On May 16, 2020, the DOLE issued Labor Advisory 18, Series of 2020 providing that the employer shall shoulder this cost such as, but not limited to, testing, disinfection facilities, hand sanitizers, personal protective equipment (PPEs i.e., face mask), signages, proper orientation [...]

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18 May

Employment Preservation Rules Upon Resumption of Business in Response to COVID-19 Labor Advisory 17-20PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employment preservation is one of the main thrusts of the Department of Labor and Employment during the COVID-19 Pandemic when businesses resume operations. Thus, the DOLE issued Labor Advisory 17, Series of 2020 providing for the preservation rules. Below is the PDF version (original not mine):

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18 May

Compulsory Retirement Policy Lowering the Age Requires the Express Consent Of Employees

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Compulsory retirement age of sixty-five (65) years can be lowered by the parties. If so it is not per se repugnant to the constitutional guaranty of security of tenure, provided that the retirement benefits are not lower than those prescribed by law and they have the employee’s consent. Article 302 of the Labor Code, as amended, provides that any employee may be retired upon [...]

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15 May

Resignation may be established as Voluntary by Factual Circumstances

Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the [...]

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09 May

Fixed-Term Employment Should Be Backed Up by a Written Contract

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Fixed-term employment is valid under both the Civil Code and the Labor Code. Article 295 of the Labor code categorizes employees into regular, project, seasonal, and casual. It further classifieds regular employees into two kinds: (1) those engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (2) casual employees who have rendered at [...]

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08 May

Company Practice Must be Proven by Employee

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Company practice is usually used as basis to claim diminution of benefit. The idea is that there is no express policy granting company practice. The claimant alleges that said benefit was removed without his consent. Since there is nothing in writing granting such benefit, the claimant may allege that there is a company practice. While this is admitted, the claimant has to prove the [...]

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06 May

Garden Leave is Valid Under Philippine Law

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Garden leave is the practice of the employer directing an employee not to attend work during the period of notice of resignation or termination of the employment is colloquially known as “garden leave” or “gardening leave.” The employee might be given no work or limited duties, or be required to be available during the notice period to, for example, assist with the completion of [...]

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05 May

COVID-19 Interim Guidelines on Prevention and Control in the Workplace

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate COVID-19 pandemic prompted Department of Labor and Employment (DOLE) and the Department of Trade and Industry (DTI) to issue interim guidelines on prevention and control in the workplace on April 30, 2020. According to the DOLE and the DTI, said guidelines intend to assist private institutions that are allowed to operate during the Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ). It provides workplace [...]

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