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21 Oct

Backwages Should be Computed Up to Finality of Decision in Case of Separation Pay in Lieu of Reinstatement

Backwages and reinstatement are among those awarded to illegally dismissed employees under Art. 294 of the Labor Code. An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (See page 363, Guide to Valid [...]

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12 Oct

Salary Differential is Not Taxable Per BIR; RMC 105-2019 PDF

Salary differential is one of the novel features in the new maternity law. R.A. 11210 expanded the benefit by generally increasing it to 105 days subject to additional days under certain situations. The Implementing Rules and Regulations have been issued by the Department of Labor and Employment. Under Section 2 of the IRR, the following benefits are granted under the 105-day Expanded Maternity Law (EMLL) in the private sector: One hundred five (105) days for the live childbirth, regardless of the mode [...]

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03 Oct

Work-relatedness of Termination for Inflicting Physical Violence or Fighting is Not Solely Determined by the Time and Location

Fighting within work premises which act adversely affects employer’s interests for it distracts employees, disrupts operations and creates a hostile work atmosphere. (Page 122, Guide to Valid Dismissal of Employees, 2nd Edition, citing Solvic Industrial Corp. vs. NLRC, G.R. No. 125548, September 25, 1998) “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not mere error [...]

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30 Sep

Notice of Administrative Hearing or Conference: Rationale Behind the Requirement; Sample Notice

Notice of Administrative Hearing or Conference is part of the procedural due process in employee dismissal. 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 to be heard. (Page 55, Guide to Valid Dismissal of Employees, 2nd Edition, citing See Maneja vs. NLRC [...]

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23 Sep

Sample Undertaking to Reimburse Cost Advanced for Company Uniform

Company uniform, as a general rule, cannot be deducted from the wages of the employee. It is not one of those expressly allowed for deduction. Under Article 113 of the Labor Code, no employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees. The following are the exceptions: In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the [...]

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20 Sep

Burden to Prove Existence of Employer-Employee Relationship Lies with the Claimant

To ascertain the existence of an employer-employee relationship, jurisprudence has invariably adhered to the four-fold test, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the employee’s conduct, or the so-called “control test.” This is highly relevant in a labor dispute involving a claim of illegal dismissal. Although no particular form of evidence is required to prove the existence of an employer-employee relationship, and [...]

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16 Sep

Family Drivers are Not Governed by the Labor Code

Family drivers, no doubt, render service for the benefit of their employers who are individuals and probably including members of their family. Prior to the enactment of R.A. 10361 or the “Domestic Workers Act” or “Batas Kasambahay”, the Labor Code considered them individuals performing domestic or household service. The former Art. 141 of the Labor Code defines “Domestic or household service” as service in the employer’s home which is usually necessary or desirable for the maintenance and enjoyment thereof and [...]

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14 Sep

Wage Order Exemption Requires Proof of Application with DOLE or Appropriate RTWPB

Wage order exemption sought from the should comply with the requirement of filing an application with the RTWPB. This is one of the requisites for exemption. The following categories of establishments may be exempted upon application with and as determined by the RTWPB, in accordance with applicable criteria on exemption as provided in DOLE Guidelines; Provided further, That such categories are expressly specified in the Wage Order: (See page 112, Solutions and Remedies on Wage Order and Minimum Wage, Atty. [...]

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10 Sep

Theft by Employee; How to Handle the Investigation and Prosecution

Theft by an employee of a company property may be one of the most disappointing incidents in the relationship between the employer and the employee. While this may cause heartbreak the employer should handle this professionally and efficiently in accordance with the legal requirements. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of [...]

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