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30 Jan

How to Suspend Employment Relationship (Bona fide Suspension) Due to Natural Calamity or on Order of the Government (i.e. Taal Ashfall)

Bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. (Art. 301, Labor Code; The Labor Code of the Philippines, Villanueva, pp. 295-296) In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one (1) [...]

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20 Jan

How to Compute Holiday Pay on Chinese New Year 2020

Chinese New Year Day was declared as one of the special days in Proclamation 845 declaring January 25, 2020 (Saturday) as Special (Non-Working) Day. On January 20, 2020, the Department of Labor and Employment issued Labor Advisory 02, Series of 2020 providing rules for pay for the special (Non-Working) Day on January 25, 2020 being Chinese New Year. See the PDF version of Labor Advisory 02, Series of 2020 here For instance, Ms. Julie Henderson is a Waitress of Murana Marumifa [...]

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20 Jan

Labor Advisory 02, Series of 2020 on Holiday Pay Rules (Special Day) for Chinese New Year 2020 [PDF Version]

Labor Advisory 02, Series of 2020 was issued by the Department of Labor and Employment (DOLE) on Holiday pay rules for Chinese New Year 2020. Chinese New Year was declared as a special non-working day by Proclamation No. 845 issued November 15, 2019. (See PDF file of Proclamation No. 845 here) Below is the PDF File of Labor Advisory 02, Series of 2020 (Original File not mine):

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15 Jan

Safe Spaces Act in the Workplace; Gender-Based Sexual Harassment

Safe Spaces Act was enacted on April 17, 2018 or Republic Act (R.A) 11313 The law gives life to the policy of the State to value dignity  of every human person and guarantee full respect for human rights. Also, to recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men. It also recognizes that both men and women must have equality, security and safety not only in private, but also on the [...]

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15 Jan

Loss of Trust and Confidence Arises where the Employee Misrepresented that the Irreconcilable Cash Count and Transaction Receipts Tallied

Loss of trust and confidence to be a valid cause for dismissal must be based on a willful breach of trust and founded on clearly established facts. The basis for the dismissal must be clearly and convincingly established but proof beyond reasonable doubt is not necessary. (Bristol Myers Squibb (Phils.) Inc., v. Baban, G.R. No. 167449, 594 Phil. 620, 628 (2008).) Further, loss of confidence as a just cause for termination of employment is premised from the fact that an [...]

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13 Jan

Ash Fall Situation Due to Volcanic Eruption; Labor Advisory 01, Series of 2020 on Rules of Pay for Work Suspension

Ash fall occurred recently on account of the impending eruption of Taal Volcano which PHIVOLCS placed at alert level 4 as of January 13, 2020. See the PDF file of Labor Advisory 01, Series of 2020 here (original file not mine). The Department of Labor and Employment (DOLE) on January 13, 2020 issued Labor Advisory 01, Series of 2020 on the suspension of work by reason of natural or man-made calamity. Although the DOLE issuance does not specifically mention the Taal [...]

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13 Jan

Labor Advisory 01, Series of 2020 on Rules of Pay for Work Suspension (PDF File) due to Natural Calamity

Ash fall occurred recently on account of the impending eruption of Taal Volcano which PHIVOLCS placed at alert level 4 as of January 13, 2020. On even date, January 13, 2020, the DOLE issued Labor Advisory 01, Series of 2020 on pay rules governing work on days of said calamity/ies. Copy of the PDF version of the Labor Advisory 01, Series of 2020 is shown below (original file not mine). See Sample Pay Computation Here.

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05 Jan

Project Employment Requires that the Employee is Informed at the Time of Engagement that he is to carry out a Particular Project

Project employment exists when 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, The Labor Code of the Philippines by Atty. Elvin B. Villanueva citing Art. 295) Where the employee is not informed of project employment at the time of engagement the presumption that he is a regular employee arises. (See Bajaro vs. Metro Stonerich Corp., G.R. [...]

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17 Dec

Service Incentive Leave Computation Sample for 2019

Service Incentive Leave or SIL is a right which accrues to every employee who has served “within 12 months, whether continuous or broken reckoned from the date the employee started working, including authorized absences and paid regular holidays unless the working days in the establishment as a matter of practice or policy, or that provided in the employment contracts, is less than 12 months, in which case said period shall be considered as one year. (See page 240, Guide [...]

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