Latest News - Page 51 of 81 - LVS Rich Publishing

26 Sep

AWOL Warning Notice As Penalty in Filipino

AWOL or Absence Without Official Leave is a form of neglect of duty. However, not all instances constituting neglect of duty warrants dismissal as a penalty. Neglect of duty, to be a ground for dismissal under Article 297 [formerly Article 282] of the Labor Code, must be both gross and habitual. (Nissan Motor Phils., Inc. vs. Angelo, G.R. No. 164181, September 14, 2011, 657 SCRA 520, 530; Cavite Apparel, Inc. vs. Marquez, G.R. No. 172044 February 06, 2013) Gross negligence implies [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 18 Comments Read more...

25 Sep

Sample Notice To Explain For Absence Without Leave (AWOL) In Filipino

Sample notice to explain for absence without leave is provided in this post involving an absence of just one (1) day. This notice includes a return to work order at the last paragraph. As a matter of policy, absence of one (1) day without prior authorization such as lack of leave form filed should subject the individual to disciplinary action. The same result should happen with regard to those who are absent due to emergency case (medical or calamity) but [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, absences, AWOL 15 Comments Read more...

19 Sep

Employment Contract Extending Probationary Status in Filipino

Employment contract that extends the probationary status of employee may be signed by the parties. The extension must be the result of failure of employee to prove fitness as regular employee during the probationary period of six (6) months. Hence, there must be an original probationary agreement where parties agreed to extend in case of failure of the probationary employee to perform in accordance with the standards made known to him. Here is a sample of this Probationary Contract in Filipino. Once [...]

By Atty Elvin Labor Law, Sample Forms Extension of probationary period, probationary employment 24 Comments Read more...

18 Sep

Probationary Employees Who Failed To Perform May Be Extended Upon Mutual Agreement; Sample Notice Of Extension In Filipino

Probationary employees refer to those who undergo a trial period. Art. 296 [formerly Art. 281] of the Labor Code provides that probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The Labor Code of the Philippines 2018 Edition (re-numbered and updated) The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when [...]

By Atty Elvin Labor Law, Sample Forms Extension of probationary period, probationary employment 13 Comments Read more...

15 Sep

Company Practice Exists If The Act Of Extending Benefits Has Been Practiced For A Long Period Of Time And Shown To Be Consistent And Deliberate

Company practice or policy to exist, it must be proven that the act of extending benefits of the CBA to managerial employees must have been practiced for a long period of time and must be shown to be consistent and deliberate. Thus, the SC held that to be considered a company practice, the giving of the benefits should have been done over a long period of time, and must be shown to have been consistent and deliberate. The test or [...]

By Atty Elvin Labor Law company pract, managerial employee, retirement 15 Comments Read more...

07 Sep

BACKWAGES CANNOT BE AWARDED IF THE EMPLOYEE WAS NOT ILLEGALLY DISMISSED

Backwages may be granted only when there is a finding that the dismissal is illegal. The Supreme Court (SC) in the case of Stradcom Corporation and Jose A. Chua vs. Joyce Annabelle L. Orpilla (G.R. No. 206800, July 2, 2018) found just cause for Orpilla’s dismissal. The SC held that the dismissal of a dishonest employee is to the best interest not only of the management but also of labor. Stradcom, as an employer in the exercise of self-protection, cannot be [...]

By Atty Elvin Labor Law backwages, dishonesty, willful breach 16 Comments Read more...

30 Aug

Sample Consent for the Processing of Employment Information under Data Privacy Act

Sample consent statement is provided here to help employers in crafting their data privacy compliance. As every company can see, most of the information they collect from their applicants and employees are covered by RA 10173 or the Data Privacy Act. Thus, said pieces of information are either personal information or sensitive personal information. Processing of personal information is normally allowed but is regulated. While the processing of sensitive personal information such as age, gender, health status, court records/case, SSS number, [...]

By Atty Elvin Labor Law Atty. Elvin's Books, data privacy act, Personal Data 15 Comments Read more...

27 Aug

How to Compute the Benefits of a Minimum Wage Earner

How to compute the benefits of a minimum wage earner for days regular work day, work on special day, and work on regular holiday? Scenario: Juan Tusawa is employed with Extreme Sales, Inc. located in NCR as clerk and paid the minimum wage for more than one year. He is daily paid and reports for work for 6 days a week at 8 hours per day. His established day-off is Sunday. How much should the company pay him under the following [...]

By Atty Elvin Labor Law sample computation 20 Comments Read more...

22 Aug

Final Pay, Separation Pay, Back Pay, Backwages, Severance Pay, Separation Package, Retirement Pay, Terminal Pay, and Financial Assistance: What’s the Difference?

Final pay is often confused with separation pay. These two concepts are different. To clarify the pay given to employees at the end of employment, for whatever reason that he was separated, I will discuss the difference among these terms and many others that workers normally use when they end their employment. Final pay is a loose term used by companies, more particularly HR department, to refer to the salary and benefits to which the employee who was separated is entitled [...]

By Atty Elvin Labor Law backwages, Final Pay, retirement, separation pay, separation pay in lieu of reinstatement 22 Comments Read more...

20 Aug

DATA PRIVACY ACT IN RELATION TO EMPLOYMENT RECORDS

Data Privacy Act (DPA) of 2012 or RA 10173 expresses the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected. DPA applies to the processing [...]

By Atty Elvin Labor Law, Sample Forms data privacy act, Personal Data, personal information, sensitive personal information 16 Comments Read more...