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02 Mar

Holiday Pay Computation for Double Regular Holidays (Araw ng Kagitingan April 9, 2020 and Maundy Thursday)

Holiday pay should be paid accordingly, particularly the regular holiday. The DOLE usually issues Labor Advisory providing the rules for the pay on regular holidays. For the year 2020, the basis for such issuance will be Proclamation No. 845. The Presidential Proclamation was issued on November 15, 2019 declaring April 9, 2020 as regular holiday (Araw ng Kagitingan). However, it also falls as Maundy Thursday which is another regular holiday. When Araw ng Kagitingan falls on the same day as Maundy [...]

By Atty Elvin Labor Law Double Regular Holiday, regular holiday 24 Comments Read more...

27 Feb

Affidavit of Sole Administration, Control and Ownership of Business

Affidavit of Sole Administration of Business may be required by the government to determined accountability and for related purpose. Below is the sample: Republic of the Philippines ) City of Makati ) S.S. Affidavit of Sole Administration, Control and Ownership of Business I, MS. MARIA SANTOS, of legal age, Filipino, and a resident of Unit 3527, Makati Executive Tower II, Dela Rosa Street, Makati City, after having been duly sworn to, in accordance with law, do hereby depose and state that: I [...]

By Atty Elvin Affidavit Affidavit of Sole Administration of Business 18 Comments Read more...

24 Feb

Special Day Pay / Holiday Pay Computation for February 25, 2020 Special Non-Working Day

Special day pay being a holiday should be paid accordingly, when worked. On November 15, 2019 Presidential Proclamation No. 845 (See the PDF Version of Proclamation 845 Here) declared, among others, February 25, 2020 as special non-working day being the day of commemoration of the 34th Anniversary of the EDSA People Power Revolution. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 08, Series of 2020 (View the PDF Version of Labor Advisory 08, Series of 2020 Here) on [...]

By Atty Elvin Labor Law Labor Advisory 22 Comments Read more...

24 Feb

EDSA People Power Holiday February 25, 2020 per Labor Advisory 08, Series of 2020

EDSA People Power commemoration on February 25, 2020 is the 34th Anniversary of EDSA People Power Revolution. This is a special day pursuant to Proclamation No. 845 (See PDF Version here). Likewise, the Department of Labor and Employment (DOLE) issued Labor Advisory 08, Series of 2020 on February 21, 2020. Below is the PDF Version of the Labor Advisory 08, Series of 2020 on February 21, 2020 (original file not mine):

By Atty Elvin Labor Law Labor Advisory 22 Comments Read more...

18 Feb

Probationary Employment Period and Contract

Formulate and Write your HR/Labor Forms, Notices, and Contracts with Ease and within labor law standards through Atty. Elvin’s 150+ editable templates Probationary employment refers to a status of employment where the employee is on trial period to determine whether he can be made a regular employee. Article 296 of the re-numbered Labor Code provides that probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a [...]

By Atty Elvin Labor Law probationary employment 24 Comments Read more...

13 Feb

Department Order No. 208, Series of 2020 or the Guidelines for Implementation of Mental Health Workplace Policies and Programs PDF

Department Order No. 208, Series of 2020 was issued by the Department of Labor and Employment (DOLE) on February 11, 2020 providing Guidelines for Implementation of Mental Health Workplace Policies and Programs. This requires employers in the private sector to adopt policies and programs on mental health in the workplace pursuant to relevant laws like the R.A. 11036 (Mental Health Act) and R.A. 11058 (Occupational Health and Safety). Below is the PDF file (original not mine):

By Atty Elvin Labor Law department order 24 Comments Read more...

12 Feb

Retirement Benefit of Employees Under the Labor Code vs. Retirement Plan under R.A. 4917

Retirement benefit under the Labor Code is provided under Article 302. This is the retirement benefit provision if there is no existing retirement plan of the company. This should not be confused with Reasonable Retirement Benefit Plan provision under R.A. 4917 which was enacted for purposes of exemption from all taxes and not to establish compulsory coverage of employees. Hence, not all companies have tax-exempt retirement plan under R.A. 4917. If so, what retirement provision shall apply? As mentioned Art. 302 [...]

By Atty Elvin Labor Law Retirement benefit 24 Comments Read more...

07 Feb

Subdivision and Condominium Projects Maximum Ceiling Price per HLURB MC-17-13

Real Estate Reviewer Books by Atty. Elvin B. Villanueva Subdivision and condominium units should not be sold to the public above the prescribed maximum selling price. To reiterate the existing maximum selling price for each of different HLURB classification of subdivision and condominium projects per Batas Pambansa Blg. 220 and Presidential Decree 957, the HLURB issued Memorandum Circular 13, Series of 2017. Below is the PDF version of the MC (original is not mine):

By Atty Elvin Real Estate condominium, subdivision 13 Comments Read more...

03 Feb

Final Pay and Certificate of Employment Guidelines Per Labor Advisory 06, Series of 2020 PDF File

Final pay refers to the sum or totality of all the wages or monetary benefits due the employee regardless of the cause of the termination of employment, including but not limited to: Unpaid earned salary of the employee; Cash conversion of unused Service Incentive Leave (SIL) pursuant to Article 95 of the Labor Code; Cash conversion of remaining unused vacation, sick or other leaves pursuant to a company policy, or individual or collective bargaining agreement, if applicable; Pro-rated 13th month pay pursuant to [...]

By Atty Elvin Labor Law certificate of employment, Final Pay 11 Comments Read more...

31 Jan

Labor Advisory 04, Series of 2020 Providing Guidelines on 2019 Novela Coronavirus (2019-nCOV) Prevention and Control in the Workplace PDF Version

On January 31, 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory 04, Series of 2020 on account of the “corona virus” infection. The Labor Advisory provides guidelines on 2019 Novela Coronavirus (2019-nCOV) as to its prevention and control in the workplace. Below is the PDF version (original file not mine):

By Atty Elvin Labor Law Labor Advisory 24 Comments Read more...