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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 [...]

By Atty Elvin Labor Law theft 28 Comments Read more...

05 Sep

Pay Rules on Special Working Holidays (September 3 and 8, 2019)

There are occasions where the government declares certain day a “special working holiday.” The question is what should be the compensation for those who work on this day? On February 14, 2019, R.A. 11216 was enacted declaring September 3 of every year as a special working public holiday throughout the country. This is in commemoration of the surrender of the Japanese military forces led by General Tomoyuki Yamashita at the American High Commissioner’s Residence in Camp John Hay, Baguio City. Also, [...]

By Atty Elvin Labor Law special working holiday 20 Comments Read more...

03 Sep

Payment for the Cost of Employee Uniform

As a rule, the company cannot deduct from the wages of the employee the cost of uniform. This may be interference in the disposal of employee’s wages. However, can the employer and employee agree on the payment of the cost of uniform? This contemplates the situation where parties agreed before engagement that the company will have a uniform to cost of which to be split with employee. If the employee agrees then he incurs a valid obligation. However, the story is [...]

By Atty Elvin Labor Law uniform, Wage deduction 19 Comments Read more...

31 Aug

Seminar on Valid Job Contracting and Sub-Contracting

Valid Job Contracting and Sub-Contracting Seminar on D.O. 174 and DOLE Department Circular 01, Series of 2017 will be held by Atty. Villanueva, as follows: EDSA Shangri-La Hotel, Mandaluyong City, Philippines9:00am to 5:00pm, Thursday, September 12, 2019 BEST PRACTICES IN CONTRACTING & SUBCONTRACTING Outsourcing The LEGAL Way To Prevent Labor Problems When outsourcing any function of your business operations like security, janitorial, accounting, sales, PR, telemarketing, advertising, property management, construction, logistics, design, etc., make sure that you know all the technicalities, strategies and [...]

By Atty Elvin Seminars D.O. 174, job contracting 18 Comments Read more...

29 Aug

Resignation and Execution of Quitclaim as Defense in an Illegal Dismissal Case Should Comply with Legal Requirements

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 [...]

By Atty Elvin Labor Law forced resignation, Resignation, waiver and quitclaim 19 Comments Read more...

20 Aug

How to Compute Holiday Pay on Ninoy Aquino Day

Ninoy Aquino Day is one of the special days provided under R.A. 9492 which amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987. On August 15, 2018, the Malacañang issued Proclamation 555 declaring August 21, 2019 (Wednesday) as Special (Non-Working) Day. On August 19, 2019, the Department of Labor and Employment issued Labor Advisory 01, Series of 2019 providing rules for pay for the special (Non-Working) Day on [...]

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

20 Aug

Holiday Pay Sample Computation for National Heroes Day (August 26, 2019)

How should employers compute the holiday pay of employees on National Heroes Day which is a regular holiday? In this post the rules and illustrations are provided. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, National Heroes Day as a national holiday falling on August 26, 2019 being the last Monday of August. Hence, the Department of Labor and Employment (DOLE) issued Labor Advisory 01, Series of 2019 on the computation of pay during this regular holiday. See [...]

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

20 Aug

Labor Advisory on Eidul Adha, National Heroes, and Ninoy Aquino Holidays PDF Version

The Department of Labor and Employment (DOLE) issued Labor Advisory 9, Series of 2019 on computation of pay for Eidul Adha (August 12), National Heroes Day (August 26), and Ninoy Aquino (August 21) Holidays 2019. See here the PDF of the Proclamation on Eidul Adha and Sample Pay Rules Below is the PDF Version of the Labor Advisory (original file not mine): Acquire Mastery of HR/Labor Doctrines, Rules, and Principles with HR Bundle Books by Atty. Villanueva

By Atty Elvin Labor Law Labor Advisory 21 Comments Read more...

15 Aug

Instances when a Seafarer may Pursue his Total and Permanent Disability Claim

The Supreme Court, in the case of Maersk-Filipinas Crewing Inc. vs. Alferos (G.R. No. 216795. April 1, 2019), citing CF Sharp Crew Management, Inc. vs. Taok, (G.R. No. 193679, July 18, 2012, 677 SCRA 296), held that a seafarer may have a basis to pursue his claim for total and permanent disability benefits under any of the following conditions, namely: The company-designated physician failed to issue a declaration as to his fitness to engage in sea duty or disability even [...]

By Atty Elvin Labor Law Permanent and Total Disability 18 Comments Read more...

15 Aug

Service Charges Should Now be Shared by Covered Employees under R.A. 11360 and no Share to the Management

On August 7, 2019 Republic Act (R.A.) 11360 was enacted mandating that all service charges collected by hotels, restaurants and similar establishments be distributed completely and equally among the covered workers except managerial employees. This amends Article 96 of the Labor Code, as amended. See the PDF Version of R.A. 11360 Here The law does not include any share for the management. Previously, the distribution used to be 85% for the workers and 15% for the management. Draft and Formulate Your HR [...]

By Atty Elvin Labor Law service charge 19 Comments Read more...