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05 Nov

Minimum Wage in NCR 2018 per Wage Order No. NCR 22

Minimum Wage in NCR is now P537.00 per day. The increase has been anticipated for months with petitions to hike the prevailing rate. Secretary Silvestre Bello III of the Department of Labor and Employment announced the P25.00 increase in the basic daily wage in NCR. The increase highlights the integration of the P10.00 of the cost of living allowance (COLA) in the minimum wage under the previous wage order. Bello said that the NCR Regional Tripartite Wages and Productivity Board (RTWPB) [...]

By Atty Elvin Labor Law minimum wage, NCR Minimum Wage 20 Comments Read more...

31 Oct

Special Days and Regular Holiday in November: How to Compute Pay

Special days under R.A. 9492 include the All Saints Day falling on November 1. Presidential Proclamation No. 269 declared November 2, 2018 as additional special non-working days throughout the country intended to strengthen family ties by providing more time for the traditional “All Saint’s Day and All Soul’s Day. November 30, 2018 is Bonifacio Day which is a regular holiday under R.A. 9492. Now, during these November special days and regular holidays, employees have to get paid under certain situation. In [...]

By Atty Elvin Labor Law regular holiday, special day 13 Comments Read more...

22 Oct

Health Insurance Given to Employees May be Taxable

Per RMC 50-2018, the premium on Health Card paid by the employer for all employees, whether rank-and-file or managerial/supervisory, under a group insurance shall be included as part of other benefits of these employees which are subject to the PhP90,000.00 threshold. The new ceiling of 13th month pay and other benefits of P90,000.00 offers a wide range of opportunity to augment the income of employees without tax implications. Legal Basis of this benefit is RA 10963. Under Section 9 of the [...]

By Atty Elvin Tax Law health card, health insurance 17 Comments Read more...

18 Oct

Condonation of SSS Penalties Does Not Apply to those Already Paid Prior to the Effectivity of the Condonation Law

Condonation is the creditor’s act of extinguishing an obligation by renunciation and the word “waive” is an abandonment or relinquishment of an existing legal right. The condonation law of 2009, R.A. No. 9903, does not provide that, prior to its effectivity, penalties already paid are deemed condoned or waived. What Section 2 of the law provides instead is an availment period of six (6) months after its effectivity within which to pay the delinquent contributions for the existing and corresponding [...]

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

09 Oct

Digest of Critical Decisions of the Supreme Court on Labor Cases Released

Digest of Critical Supreme Court Decisions on Labor Cases (Years 2015, 2016, 2017 and 2018 Decisions) book has been released. The first batch of printed copies has been delivered and are now available for sale both online and in National Bookstore branches. Soon, it will also be available at Fullybooked branches nationwide. The book, written by Atty. Elvin B. Villanueva, is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions [...]

By Atty Elvin Events, Labor Law 21 Comments Read more...

04 Oct

Notice of Administrative Hearing/Conference for Abandonment of Work in Filipino or Tagalog

In the previous post, a sample Notice to Explain for Abandonment of work was made. It involves a fictional incident where the employee failed to report for work but did not file prior leave or even call the office. The notice mentions about the multiple violations committed by the same employee in the past. The sample notice below is a continuation of this procedural due process. After serving the first notice, the employer should afford the employee ample opportunity to be [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work, AWOL 15 Comments Read more...

03 Oct

Abandonment of Work – Sample Notice to Explain (NTE) for Abandonment of Work in Filipino or Tagalog

Abandonment of work is a form of gross neglect of duty. A Sample Notice to Explain (NTE) is provided in this post to guide HR practitioners on how to approach the discipline aspect in possible abandonment cases involving employees who are not conversant of the English language. The Philippines is composed of thousands of islands wherein various languages are being used (locally called dialect). While most Filipinos know how to speak English, the country being formerly under the US rule, there [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work 18 Comments Read more...

03 Oct

Sample Suspension Notice for AWOL in Filipino

Suspension as penalty for administrative offenses may only be meted upon employee at the termination of the investigation or the final disposition of the case. (PAL vs. NLRC, G.R. No. 114307, July 8, 1998) In the previous post, sample NTE for AWOL punishable with suspension, and the Sample Notice for Hearing/Conference for said offense, were provided as reference. Get more sample disciplinary notices from HR Forms, Notices & Contracts Volume 2 Following the same procedural due process, below is the final notice [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 17 Comments Read more...

03 Oct

Sample Notice of Administrative Hearing/Conference for AWOL in Filipino

Sample notice of administrative Hearing/Conference is provided in this post for AWOL. The language used is Filipino for those workers who are not conversant with the English language. Holding an administrative hearing/conference is not mandatory though except if requested in writing and provided in the company policy (Perez vs. PT&T, April 7, 2009). However, according this opportunity is not illegal and it would always be better to make mistake on the side of caution. Providing ample opportunity is not wrong. In the [...]

By Atty Elvin Labor Law, Sample Forms, Uncategorized absence without official leave, AWOL 14 Comments Read more...

27 Sep

AWOL Where Penalty Imposable is Suspension; Sample Notice in Filipino

AWOL or Absence Without Official Leave is one of the challenging issues that HR normally face. Challenging in a sense that it requires a balancing act to arrive at the appropriate decision. In a unique Filipino tradition, employees tend to be absent from work to attend baptism of a relative, wedding of 4th cousin, and to some instance see off at the airport a relative going abroad. When HR does not “understand” the reason behind the absence it is seen as [...]

By Atty Elvin Labor Law, Sample Forms ABSENCE, AWOL 19 Comments Read more...