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20 Jul

Sexual Harassment is a Dismissible Offense

Sexual harassment is an imposition of misplaced “superiority” which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Sexual harassment is a relatively new act punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual [...]

By Atty Elvin Labor Law Sexual harassment 13 Comments Read more...

19 Jul

Theft as Serious Misconduct and Ground for Dismissal

Theft can fall under serious misconduct or willful breach of trust. In either case, it can be ground for dismissal. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (See citations in the book of the doctrines discussed hereunder). The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property [...]

By Atty Elvin Labor Law Serious Misconduct, theft 19 Comments Read more...

18 Jul

Compensation and Benefits on Statutory Standpoint

Compensation and benefits program inside the company is a challenging task. Not only the this plan should attract, retain, and motivate employees but it must also comply with what is provided by law. The objective generally is just to pay according to the purpose and not to underpay or overpay. The post below is based on the book Guide on Employee Compensation and Benefits Volume One. The law on compensation and benefits mandated under the Labor Code provides only the minimum requirements. Companies [...]

By Atty Elvin Labor Law compensation and benefits 14 Comments Read more...

16 Jul

Serious Misconduct: Cases Where Supreme Court Held as Serious Misconduct

Serious misconduct is one of the grounds for employee dismissal. While the law and jurisprudence provided the requisites, it is often difficult to exactly identify situations involving serious misconduct. Thus, as a guide, below are the instances where the Supreme Court held that acts involved serious misconduct. The post is based on the book Guide to Valid Dismissal of Employee Second Edition. A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the [...]

By Atty Elvin Labor Law Serious Misconduct 14 Comments Read more...

13 Jul

Serious Misconduct Requisites to be Just Cause of Dismissal

Serious misconduct is one of the grounds for termination of employee. However, there are requisites which must be present before this can be validly used as substantive basis for dismissal. The following post is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 116-) by Atty. Elvin B. Villanueva. The misconduct, to be serious within the meaning of the Labor Code must be of such grave and aggravated character and not merely trivial or unimportant. Such misconduct, however [...]

By Atty Elvin Labor Law Serious Misconduct 22 Comments Read more...

12 Jul

Misconduct can Result in Employee Discipline

Misconduct covers a wide range of behavior that is considered punishable under the company’s code of discipline. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition (pp. 114-115). As provided under Article 282, the misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows: “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty willful in character, [...]

By Atty Elvin Labor Law Misconduct 22 Comments Read more...

11 Jul

Termination of Employee must be based on Lawful Ground

Termination is one of the most disputed aspect of employment relationship. Workers who have been through this experience had untold suffering while employers who made a mistake of illegally terminating employees have paid substantial amount of money. Just cause for the dismissal of employees or authorized cause for termination must be observed prior removal. For the HR practitioner involved in employer relations, it is paramount to know the basic concept of each ground for dismissal enumerated in Article 282 [now Article 297] [...]

By Atty Elvin Labor Law employee dismissal 11 Comments Read more...

09 Jul

Transfer of Employee and Constructive Dismissal

Transfer of employee, no doubt, is part of management prerogatives. However, this should be done due to exigencies of business and in good faith. Otherwise, this can result in constructive dismissal. The managerial prerogative to transfer personnel must be exercised without grave abuse of discretion, bearing in mind the basic elements of justice and fair play. Having the right should not be confused with the manner in which that right is exercised. Read the book on 44 Rules on Employee Transfer [...]

By Atty Elvin Labor Law transfer 14 Comments Read more...

07 Jul

Constructive Dismissal

Constructive dismissal is an illegal form of dismissal which does not involve any written or verbal statement that the employee is dismissed from service. But the treatment on the employee by the employer is inhumane, prejudicial, and inconvenient such that the former is left with no choice but to involuntarily quit his work. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition. Constructive dismissal is defined as quitting or cessation of work because continued [...]

By Atty Elvin Labor Law constructive dismissal 21 Comments Read more...

06 Jul

Regular Employment Rules (Part 3 of 3)

Regular employment has two kinds: 1. Performance of activities which are usually necessary or desirable in the usual business or trade of the employer; and, 2. Rendering service at least one (1) year of service whether continuous or broken with respect to the activity workers are employed. This is the final part of the post on regular employment based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Villanueva. In tandem with Article 2811 of the Labor Code, Article [...]

By Atty Elvin Labor Law regular employment 24 Comments Read more...