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16 Aug

FIRST PROOF OF THE BOOK CRITICAL DECISIONS OF THE SUPREME COURT ON LABOR CASES HAS BEEN PRINTED

First proof is part of the printing process where the printer runs the initial copy to be reviewed by the author prior to mass printing. Today, August 16, 2018, LVS Books received a copy of the first proof of the Atty. Villanueva’s book, Critical Decisions of the Supreme Court on Labor Cases Years 2015 (part), 2016, 2017 and 2018 (part). The book has 1,296 pages duly copyrighted and registered with the National Library with ISBN 978-621-02-0520-6. It contains the digested cases [...]

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16 Aug

HOW TO COMPUTE PAY IF REGULAR HOLIDAY COINCIDES WITH SPECIAL DAY

How to compute pay if the employee works on a day falling as Eid’l Adha, a regular holiday, and also a special day? The President issued Proclamation No. 556 declaring August 21, 2018 a regular holiday. Of course, August 21, 2018 is also a special day. The rules on payment of wages on a regular holiday pay states that: Status                        Pay Unworked                100% Worked                     200% On the other hand, the rules on special day are as follows: Status                        Pay Unworked                none Worked                     130% How should pay [...]

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06 Aug

Company Policy Should Be Made Known To Employees; Sample Document Proving Receipt (in Filipino)

Company policy partakes of the nature of an implied contract between the employer and employee. (Abbott Laboratories vs. Alcaraz, G.R. No. 192571, July 23, 2013) The Supreme Court, citing Parts Depot, Inc. vs. Beiswenger, (170 S.W.3d 354 (Ky. 2005)) held that employer statements of policy can give rise to contractual rights in employees without evidence that the parties mutually agreed that the policy statements would create contractual rights in the employee, and, hence, although the statement of policy is signed [...]

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04 Aug

Wage Distortion Concepts And Solutions

Wage distortion means the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of compliance with a wage order. The post below is based on Atty. Villanueva‘s book Solutions and Remedies on Wage Order and Minimum Wage (Pp. 151-160) Say in January 2017, employee Nelly Distortado, located in NCR in a non-agricultural job is receiving a daily salary of Php520.00. While Taz S. Weldo, his officemate of the same level and next to him in [...]

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01 Aug

Administrative Hearing Or Conference In Employee Dismissal

Administrative hearing or conference, as a general rule, should be held to accord employee to be dismissed the procedural due process required to defend himself. Every employee enjoys security of tenure. For non-regular employees this is limited though. These employees are fixed-term, casual, project, seasonal, and probationary. The reason the tenure is limited is that the termination of their employment is governed by the term of the contract, nature of temporary engagement, completion of the project or end of season. However, [...]

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26 Jul

Resignation: Requisites for Vitiation of Consent; Sample Documents to Protect Employer from Spurious Claims

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 [...]

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24 Jul

RECKLESS DRIVING MAY BE GROSS NEGLECT OF DUTY; SAMPLE DISCIPLINARY NOTICE

In the case of Yellow Bus Line Employees Union (YBLEU) vs. Yellow Bus Line, Inc. (YBLI) [G.R. No. 190876, June 15, 2016], the Supreme Court held that Article 282 [now Article 297] of the Labor Code provides that one of the just causes for terminating an employment is the employee’s gross and habitual neglect of his duties. Get an updated and re-numbered copy of the Labor Code of the Philippines 2018 Edition This cause includes gross inefficiency, negligence and carelessness. Gross [...]

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19 Jul

RELEASE, WAIVER AND QUITCLAIM ARE GENERALY FROWNED UPON BY THE COURTS

Jurisprudence frowns upon waivers and quitclaims forced upon employees. Waivers and quitclaims are, however, not invalid in themselves. When shown to be freely executed, they validly discharge an employer from liability to an employee. A legitimate waiver representing a voluntary settlement of a laborer’s claims should be respected by the courts as the law between the parties. (Remoticado vs. Typical Consturction Trading Corp. and Rommel M. Alignay, G.R. No. 206529. April 23, 2018) In Goodrich Manufacturing Corporation vs. Ativo it [...]

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04 Jul

Personal Protective Equipment (PPE) Should be at Employer’s Expense With Sample Acknowledgment Form

Personal Protective Equipment (PPE) shall be provided to workers in accordance with safety regulations free of charge. Under D.O. 13, Series of 1998, every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face, hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever necessary by reason of the hazardous work process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any [...]

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28 Jun

Sample Contract for Project Employment in Filipino or Tagalog

Sample contract is provided here as guide for companies that would like to draft their project employment contract for project employees who are not conversant of the English language or who better understand only Filipino or Tagalog. As basic reminder in project employment contract, the following must be shown: 1. Parties 2. Duration of the project or phase thereof (must be made known at the time of engagement) 3. Expected completion date 4. Provision on possible extension 5. Description of the project 6. Completion bonus (not [...]

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