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10 Aug

Holiday Pay Sample Computation for Eid’l Adha (August 12, 2019); Proclamation 789 PDF

Holiday pay should be paid accordingly, particularly the regular holiday. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, Eid’l Adha as a national holiday. The tenth day of Zhul Hijja, the twelfth month of the Islamic Calendar, was hereby declared as a national holiday for the observance of Eidul Adha. It is a tenth day in the month of Hajj or Islamic Pilgrimage to Mecca wherein Mulims pay homage to Abraham’s supreme act of sacrifice and signifies mankind’s [...]

By Atty Elvin Labor Law eid'l adha, regular holiday 18 Comments Read more...

08 Aug

Remedy when Employee Refused to Receive the Notice to Explain (NTE)

The Notice to Explain or NTE is one of the documents required or needed to serve to an employee who is under investigation for violation of company rules. It is served whether or not the violation is punishable with light penalties or even dismissal. Light penalties refer to warning or suspension which is less grave than dismissal. The service of NTE is part of the procedural due process requirements. As opposed to substantive, procedural due process refers to the procedure involved in [...]

By Atty Elvin Labor Law Notice to Explain, NTE, procedural due process 17 Comments Read more...

05 Aug

Additional Charges in the Notice of Termination Require New NTE

The additional grounds cited in the notice of termination which were not mentioned in the NTE issued to the employee violated the right to be informed of the administrative charges against her. The NTE and the notice of termination did not state the specific acts that constituted breach of company policies resulting in loss of trust and confidence and the specific company policies that were violated. As opposed to substantive, procedural due process refers to the procedure involved in the [...]

By Atty Elvin Labor Law loss of trust and confidence, Notice to Explain, procedural due process 17 Comments Read more...

04 Aug

Labor Case Before the NLRC from the Perspective of Complainant

Labor case process is normally difficult to understand for first time litigants. In this post the process before the National Labor Relations Commission (NLRC) is being discussed for education of the parties involved. The Labor Arbiter is under the NLRC. On appeal, the Commission is usually referred to as NLRC. The discussion here is from the perspective of complainant. The respondent can also learn from this perspective as this becomes a bird’s-eye view of labor litigation. Expect the unexpected. As the saying [...]

By Atty Elvin Uncategorized labor case, SEnA 14 Comments Read more...

03 Aug

Sample Maternity Leave Policy under the Expanded Maternity Leave Law

The company has to implemented the provisions of R.A. 11210 or the Expanded Maternity Leave Law and its IRR. Below is the sample maternity leave policy which a company may adopt illustrating compliance with the mandate: General Principles The company adheres to the policy of the law granting protection to and promoting the rights and welfare of working women, taking into account their maternal functions, and to provide an enabling environment in which their full potential can be achieved. Coverage Any pregnant female [...]

By Atty Elvin Labor Law expanded maternity 16 Comments Read more...

02 Aug

Sample Telecommuting Policy and Program

Telecommuting refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer technologies. Being voluntary, the company has the right to refuse to make telecommuting available to an employee and to terminate a telecommuting arrangement at any time based on stipulations. Employees are not required to telecommute. Employees have the right to refuse to enter into telecommuting arrangement if the option is made available. Learn How [...]

By Atty Elvin Labor Law Telecommuting 13 Comments Read more...

30 Jul

Best Practices in Crafting HR Policies & Contracts Seminar

This two-day solution-oriented program is designed to help business owners, HR practitioners, lawyers, and laymen craft a working HR policy, code of discipline, and employment contract that is aligned with existing Philippine labor laws. Learn from the experts the special clauses that you must incorporate in your contract both for rank-and-file employees and high-level executives. Know the latest Supreme Court rulings on employment and other best practices including labor contracting. Attend this program for a strike-proof, trouble-free working environment. The Center [...]

By Atty Elvin Events Seminars 15 Comments Read more...

29 Jul

Company Policy that Restricts the Amount of Employee Loans to Not More than 50% of Monthly Take Home is an Interference in Disposal of Workers Wages

One of the benefits that the company gives its employees is the employee loans. However, it does not take long for employees who lack discipline to be saddled with debt. HR may look helpless in this situation since it is torn between disapproving the application and seeing the employee without the cash needed to probably buy basic necessities and granting the loan where an employee can fall deeper and deeper in the endless cycle of debt and consumption. Hence, companies cannot [...]

By Atty Elvin Labor Law Employee loan, Interference in Disposal of Wages, SSS loan, Wages 13 Comments Read more...

26 Jul

How to Compute Cash Conversion of Service Incentive Leave or Vacation Leave of Above Minimum Employees

Under Article 95 of the Labor Code, as amended, every employee who has rendered at least one year of service shall be entitled to a yearly service incentive leave (SIL) of five days with pay. Now on sale at LVS Books Online and all branches of National Bookstore: Re-numbered and Updated Labor Code This provision shall not apply to those who are already enjoying the benefit herein provided, those enjoying vacation leave with pay of at least five days and those [...]

By Atty Elvin Labor Law service incentive leave 20 Comments Read more...