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16 Dec

Notice of Termination for Dishonesty Involving Project Engineer – Sample Notice

Notice of termination is the final step to employee dismissal following the procedural due process. The requirements start with the issuance of the NTE or Notice to Explain. Some call this Show Cause Memo or SCM. But terminologies aside, they refer to the same thing: the first notice given to an employee being charged. Next is the issuance of the Notice of Hearing/Conference or Administrative Conference. While it is true that in the case of Perez vs. PT&T (G.R. NO. 152048, [...]

By Atty Elvin Labor Law, Sample Forms notice of dismissal 19 Comments Read more...

12 Dec

Redundancy vs. Retrenchment

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 manufactured or undertaken by the enterprise. (page 221, Guide [...]

By Atty Elvin Labor Law Redundancy, Retrenchment 22 Comments Read more...

11 Dec

Regular Holiday Pay Rules for January 1, 2020 with Sample Computations

Holiday pay should be paid accordingly, particularly the regular holiday. On November 15, 2019 Presidential Proclamation No. 845 declared, among others, January 1, 2020 (Wednesday) as regular holiday being New Year’s Day . See the PDF Version of Proclamation 845 here. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 13, Series of 2019 on the computation of pay during this regular holiday. See the PDF Version of Labor Advisory 13, Series of 2019 here. Thus: If the employee in NCR [...]

By Atty Elvin Labor Law regular holiday, special day 15 Comments Read more...

11 Dec

Holiday Pay Rules for Year 2020 Per Labor Advisory 13, Series of 2019 (PDF)

Holidays for the year 2020 have been declared under Proclamation 845 by Office of the President of the Philippines consisting of special (non-working) days and regular holidays. See the PDF version of the Proclamation 845 for reference (original file not mine). On December 5, 2019 the Department of Labor and Employment (DOLE) issued Labor Advisory 13, Series of 2019 providing for pay rules on regular holidays and special days for the year 2020. Below is the PDF version of Labor Advisory [...]

By Atty Elvin Labor Law Labor Advisory, regular holiday, special day 11 Comments Read more...

10 Dec

Holidays for Year 2020 Per Proclamation 845 (PDF)

By Atty Elvin Labor Law Proclamation 845, regular holiday, special day 24 Comments Read more...

10 Dec

Special Day / Holiday Pay Computation for December 8, 24, and 31, 2019

Holiday pay should be paid accordingly, including work on special day. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, December 8, 2019 as special day being Feast of Immaculate Conception of Mary, December 24, 2019 as Additional special (non-working) day, and December 31, 2019 as special day being the Last Day of the Year. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 12, Series of 2019 on the computation of pay during work on special [...]

By Atty Elvin Labor Law special day 24 Comments Read more...

08 Dec

Holiday Pay Rules for December 2019 per Labor Advisory No. 12, Series of 2019 (PDF)

Holiday pay rules were issued by the Department of Labor and Employment (DOLE) in Labor Advisory No. 12, Series of 2019. The said Labor Advisory was issued pursuant to Proclamation No. 555 issued by the President on August 15, 2018. Below is the PDF version of Labor Advisory No. 12, Series of 2019 pertaining to these holidays (original file not mine):

By Atty Elvin Labor Law holiday pay, Labor Advisory 21 Comments Read more...

08 Dec

Holiday Pay Sample Computation for December 25 and 30, 2019 Regular Holidays

Holiday pay should be paid accordingly, particularly the regular holiday. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, December 25, 2019 as regular holiday being Christmas day as well as December 30, 2019 being Rizal Day. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 12, Series of 2019 on the computation of pay during this regular holiday. See the PDF Version of Labor Advisory 12, Series of 2019 here. Thus: If the employee in NCR did not [...]

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

04 Dec

Administrative Hearing or Conference for Dishonesty involving a Project Engineer; Sample Notice of Administrative Hearing

Administrative hearing is one of the procedural requirements for employee dismissal. The concept of procedural due process as a statutory requirement is provided under Art. 301 of the re-numbered Labor Code [formerly Art. 286]. As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an opportunity [...]

By Atty Elvin Labor Law, Sample Forms dishonesty 18 Comments Read more...

01 Dec

Dishonesty of Project Engineer; Sample Notice to Explain

Dishonesty by an employee who has been put in charge of the employer’s money and property amounts to breach of the trust reposed by the employer, and normally leads to loss of confidence in her. Such dishonesty comes within the just and valid causes for the termination of her employment under Article 282 [now Art. 297] of the Labor Code. (Gargoles vs. Del Rosario, G.R. No. 158583, September 10, 2014) A willful breach cannot be a breach resulting from mere [...]

By Atty Elvin Labor Law, Sample Forms dishonesty 25 Comments Read more...