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29 May

Expanded Maternity Leave Salary Differential Computation

Expanded maternity leave requires employers to pay the salary differential between the full pay and the SSS maternity benefit. Related: Expanded Maternity IRR PDF SSS Circular 2019-009 To illustrate, if the covered employee is based in NCR, the following is the computation pursuant to SSS: Full Pay (FP) = [(daily rate x factor) / 12] x maternity period in months Where: Daily rate – P537 Factor – 313 Maternity Period – 3.5 months (105 / 30 = 3.5) Thus: Full Pay          = [(P537 per day x 313 days) [...]

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29 May

Holiday Pay Sample Computation for Eid’l Fitr (June 5, 2019); PDF of Proclamation No. 729; Labor Advisory 8, Series of 2019

Holiday pay should be paid accordingly, particularly the regular holiday. On August 15, 2018 Presidential Proclamation No. 555 declared, among others, Eid’l Fitr as a national holiday. Under R.A. 9492, Eid’l Fitr was declared as a regular holiday. It is a movable date. Likewise, R.A. 9177 also declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country. Under Proclamation No. 555, the proclamations declaring national holidays for the observance of Eid’l Fitr and Eid’l Adha shall be issued after [...]

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27 May

Expanded Maternity Leave SSS Circular 2019-009

Expanded Maternity Leave or the R.A. took effect March 11, 2019. Recently, the SSS issued Circular 2019-009 or the Guidelines in the Payment of the Maternity Leave. Below is the PDF of this Circular (original copy not mine): Advertorial: Draft and Formulate Your HR Forms, Notices and Contracts with Ease. Purchase Editable Soft Copy (in Word File) of HR Forms 1 Soft Copy

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26 May

Regular Employment Rules and Principles

Regular employment is deemed to exist where the employee has been engaged to perform activities which are usually necessary or desirable in the usual. This is the express provision of the Labor Code, as amended. Thus, in Article 295 [Formerly Article 280] of the Labor Code, it states that provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged [...]

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22 May

Redundancy Requires Good Faith in the Exercise of Prerogative

Redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise. For the implementation of a redundancy program to be valid, the employer must comply with the following requisites: (See page 172, Guide to Valid Dismissal of Employees, 2nd Edition) Written notice served on both the employees and the Department of Labor and Employment at least one month prior to the intended date of [...]

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21 May

Bar Exam Preparation: Focus and Dedication

Bar exam results have just been released recently and it showed about 20% passing rate. This means that there is about 80% who similarly went through the rigors of bar preparation for months but did not make it. How to Pass the Bar Exams by Atty. Villanueva Purchase How to Pass the Bar Exams book online While it is true that not making the cut does not define a person yet reality presents a frustrating scenario when one went through endless of [...]

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18 May

HR Forms: How to Use the Soft Copy Version of HR Forms 2

HR Forms: How to use or navigate the HR Forms Soft Copy Version 2? INTRODUCTION This HR Forms, Notices & Contracts Vol. 2 soft copy (Word File) is intended to be a user-friendly version of the printed book, most especially to Word users. The entire 170+ sample forms are contained in a single Word File (HR Forms Volume 2 Soft Copy) consisting of 250+ pages of documents in Courier New and Arial fonts, using font sizes 10, 11, 12, and 14 at [...]

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17 May

Preventive Suspension Extension with Sample Notice of Extension

Preventive suspension is a disciplinary measure for the protection of the company’s property pending investigation of any alleged malfeasance or misfeasance committed by the employee. (See page 238, Guide to Valid Dismissal of Employees 2nd Edition by Atty. Elvin B. Villanueva citing Philippine Airlines, Inc. vs. NLRC, G.R. No. 114307, July 8, 1998 citing Globe-Mackay Cable and Radio Communication v. NLRC, 206 SCRA 701 (1992) The Implementing Rules provides that no preventive suspension shall last longer than thirty (30) days. [...]

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