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23 Jul

Resignation is Voluntary Where it Lacks Reluctance or Tension, Expresses Gratitude and Well Wishes, Without Qualification, and Without Any Sign of Aggression, Bitterness, or Hostility Towards Employer

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, Sample Forms Resignation 25 Comments Read more...

18 Jul

Self-Descriptive Jobs and their Impact on Probationary Employment Policies

A probationary employee is defined as one who is on trial by an employer during which the employer determines whether or not he is qualified for permanent employment. (Phil. Federation of Credit Cooperatives, Inc. vs. NLRC, G.R. No. 121071, December 11, 1998, 300 SCRA 72, 76.) In general, probationary employment cannot exceed six (6) months, otherwise the employee concerned shall be considered a regular employee. (See Art. 296 of the re-numbered Labor Code). It is also indispensable in probationary employment [...]

By Atty Elvin Labor Law probationary employment 24 Comments Read more...

14 Jul

Sample Notice to Explain for Successive AWOL

For going Absence Without Leave (AWOL), the employee may be subjected to disciplinary action. (See pp. 170-171, Guide to Valid Dismissal of Employees 2nd Edition, citing Metro Transit Organization, Inc. vs. NLRC, G.R. No. 119724, May 31, 1999.) AWOL is a form of neglect of duty. However, first instance of committing this violation does not warrant dismissal from service following the lines of cases decided by the Supreme Court. On the first offense, the elements of gross and habituality are [...]

By Atty Elvin Labor Law AWOL 20 Comments Read more...

10 Jul

Department Advisory No. 01, Series of 2019 (DOLE) or the Guidelines on the Computation of Salary Differential

On July 4, 2019, the Department of Labor and Employment issued the guidelines on the computation of salary differential of female workers during her maternity leave and its criteria for exemption pursuant to R.A. 11210 and its IRR. View the PDF Copy of DOLE D.A. 01, Series of 2019 here. Draft Your HR Forms, Notices and Contracts with Ease Using HR Forms 1 Soft Copy (150+ Editable Templates in Word) According to the said advisory, the employer shall pay the salary [...]

By Atty Elvin Labor Law Department Advisory DOLE, expanded maternity 21 Comments Read more...

10 Jul

DOLE Department Advisory 01, Series of 2019 PDF or the Guidelines on the Computation of Salary Differential for Expanded Maternity Leave

The Department of Labor and Employment (DOLE) issued Department Advisory 01, Series of 2019 or the “Guidelines on the Computation of Salary Differential of Female Workers During her Maternity Leave and its Criteria for Exemption pursuant to Republic Act No. 11210 and its Implementing Rules and Regulations.” HR Forms and Contracts Soft Copy (150+ Editable Templates in Word Document)

By Atty Elvin Labor Law Department Advisory DOLE, expanded maternity 24 Comments Read more...

09 Jul

How to Respond to a Notice to Explain (NTE)

A Notice to Explain (NTE) is a written charge of the employer requiring the employee to explain his side on the allegation of violation of company policies, rules, and procedures, etc. In other companies, NTE is also called Show-Cause Memorandum (SCM), Show-Cause Order (SCO) or any other term. There is no hard-and-fast rule as to the name of this memo or letter to employee. The bottom line is that it is a charge sheet demanding explanation. What is the reason why [...]

By Atty Elvin Labor Law Notice to Explain 20 Comments Read more...

09 Jul

Final Pay Computation of Employee with Above Minimum Salary

Final pay is a general term used by most employers to refer to the last pay to be given to an employee who got separated from the company. Usually, separation is on account of employee’s resignation. Resignation should be voluntary otherwise it can be constructive dismissal at the very least. Separation may also be due to just cause or authorized cause under Articles 297 and 298 of the re-numbered Labor Code, as amended. An employee who separated from the company is [...]

By Atty Elvin Labor Law Final Pay 16 Comments Read more...

08 Jul

Expanded Maternity Leave Salary Differential for Daily Paid Employee

The Expanded Maternity Leave Law (EMLL) requires employer to pay the salary differential of covered employees. R.A. 11210 expanded the benefit by generally increasing it to 105 days subject to additional days under certain situations. To qualify for the grant of maternity leave benefit, the female worker must meet the following requirements: She must have at least three (3) monthly contributions in the twelfth-month period immediately preceding the semester of childbirth, miscarriage, or emergency termination of pregnancy. In determining the female member’s [...]

By Atty Elvin Labor Law expanded maternity 50 Comments Read more...

06 Jul

Taxability or Non-Taxability of the Salary Differential Under Expanded Maternity Leave Law

R.A. 11210 expanded the benefit by generally increasing it to 105 days subject to additional days under certain situations. Recently, the Implementing Rules and Regulations has 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 of delivery, and additional fifteen (15) days paid leave if the [...]

By Atty Elvin Labor Law expanded maternity 21 Comments Read more...