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20 Jun

Sample Acceptance of Retirement Lowering Compulsory Retirement Age

Sample acceptance of retirement lowering compulsory retirement age is necessary following the decision of the Supreme Court in the case of Alfredo F. Laya, Jr. vs. Court of Appeals, et al., G.R. No. 205813, January 10, 2018. Employee’s consent to the retirement plan cannot be inferred from signature in the personnel action forms containing the phrase: “Employee hereby expressly acknowledges receipt of and undertakes to abide by the provisions of his/her Job Description, Company Code of Conduct and such other policies, guidelines, [...]

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07 Jun

SEnA (Single Entry Approach): How To Handle The Process and Have the Proper Mindset if you are/for the Employer

SEnA means Single Entry Approach which is a conciliation mediation prior to compulsory arbitration. SEnA is the labor equivalent of Barangay conciliation where parties are encouraged to settle their differences amicably. So when a Notice of Conference for SEnA is received the employer should bear in mind that what is being sought is settlement of dispute and not a labor decision. Hence, a well thought out position for settlement should be crafted by the employer before going to a SEnA [...]

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30 May

Security of Tenure, Contracting and Subcontracting Under E.O. 51, Series of 2018

Security of tenure is a constitutionally guaranteed right. Employees may not be terminated from their regular employment except for just or authorized causes under the Labor Code and other pertinent laws. (SME Bank, Inc. vs. De Guzman, G.R. No. 184517, October 8, 2013). Malacañang issued E.O. 51, Series of 2018 emphasizing the principle of security of tenure of employees and even making its own definition. Likewise, providing perspective on contracting and subcontracting and how it should be implemented. Below is the [...]

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22 May

AWOL, Constructive Dismissal, and Abandonment

AWOL is one of the common incidents involving an employee for various reasons: He committed an offense and feels so guilty he does not want to show up He got offended by his superior and decided to consult a lawyer He went to the NLRC to file a constructive dismissal case As to numbers 2 and 3, what should the employer do? The best policy of the employer should be to send a Notice to Explain (NTE) with Return to Work directive the moment [...]

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04 May

De Minimis Benefits (Certain Items) Increased under RR 11-2018

De Minimis Benefits (DMB) are among those sources of compensation income which are exempt from tax. Most employers rely on these benefits to augment the net pay of their employees. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. Villanueva Recently, Revenue Regulation No. 11-2018, implementing the provisions of R.A. 10963 or the TRAIN Law increased certain items of the De Minimis Benefits. It further amended Section 2.78.1 [...]

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27 Apr

Digest of Critical Labor Decisions of the Supreme Court by Atty. Villanueva Will Be Released Mid 2018

Digest of Critical Supreme Court Decisions of the Supreme Court by Atty. Elvin B. Villanueva is a compilation of the Court decisions for the period 2015-2018. The book will give readers a practical insight on the rulings, doctrines and principles involving labor disputes. It is estimated to be 800 plus page-work that will prove to be useful for HR practitioners, lawyers, business owners, managers and even law students. The digest is aimed towards better understanding with minimal legal technicalities so readers [...]

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27 Apr

Allowance and its Labor and Tax Implications

Allowance is generally used by employers as means to augment the take home income of employees hoping to avoid impacting on basic salary and/or paying the tax. However, it is not as simplistic as that. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. Villanueva Allowance can take several forms. It may be regular part of compensation or given occasionally. It can serve various purposes like transportation, communication, [...]

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25 Apr

Vacation Leave Sample Policy in Relation to Discipline; Sample Leave Form

Vacation leave as a benefit is not mandated by the Labor Code. What is provided is the Service Incentive Leave (SIL). Both are of the same nature in a sense that they allow qualified employee to be absent with pay. Service incentive leave (SIL) benefit grants five (5) days of absence with pay to qualified employees. The basis of SIL is Article 95 of the Labor Code providing the right to service incentive leave to every employee who has rendered [...]

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24 Apr

PROMOTION OF EMPLOYEE: SAMPLE NOTICE ON TRIAL PERIOD

Promotion of employee is the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Homeowners Savings and Loan Association, Inc. vs. NLRC, 262 SCRA 406 (1996).) Element of Promotion The indispensable element for there to be a promotion is that there must be an advancement from one position to another or an upward vertical movement of the employees rank or position. Nature of Promotion; Management Prerogative Promotion [...]

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21 Apr

HR Books by Atty. Elvin Villanueva Available in National Bookstore Mall of Asia

HR books by Atty. Elvin B. Villanueva are available at National Bookstore Mall of Asia. They can also be found in other branches of the NBS nationwide. Atty. Villanueva’s books help a lot of HR practitioners in administering the employee relations aspects of their functions. The following books are available online and in the stores of NBS and Fully Booked nationwide: Labor Code of the Philippines 2018 Edition Guide to Valid Dismissal of Employees Guide on Employee Compensation and Benefits Volume 1 Guide on Employee [...]

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