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06 Apr

Are your Personal Data Shared with Companies, Banks, or Institutions Protected?

Republic Act 10173 or the Data Privacy Act of 2012 now has its Implementing Rules and Regulations promulgated by the National Privacy Commission (Commission). These Rules further enforce the Data Privacy Act and adopt generally accepted international principles and standards for personal data protection. They safeguard the fundamental human right of every individual to privacy while ensuring free flow of information for innovation, growth, and national development. These Rules also recognize the vital role of information and communications technology in nation [...]

By Atty Elvin Data Privacy Act Personal Data, Privileged Communication 25 Comments Read more...

05 Apr

Abandonment of Work is a Matter of Intention and Cannot be Presumed from Indefinite Acts

In order for the employer to discharge its burden to prove that the employee committed abandomnent, which constitutes neglect of duty, and is a just cause for dismissal, the employer must prove that the employee failed to report for work or had been absent without valid reason; and had a clear intention to discontinue his or her employment The second requirement must be manifested by overt acts and is more determinative in concluding that the employee is guilty of abandonment. This is because [...]

By Atty Elvin Labor Law abandonment of work 19 Comments Read more...

04 Apr

Registration or Remittance with SSS as employer is an admission of employment relationship

Tirso Enopia and others were hired as crew members of the fishing mother boat FIB MG-28 owned by respondent Joaquin “Jake” Lu who is the sole proprietor of Mommy Gina Tuna Resources [MGTR] based in General Santos City. The parties had an income-sharing arrangement wherein 55% goes to Lu, 45% to the crew members, with an additional 4% as “backing incentive.” They also equally share the expenses for the maintenance and repair of the mother boat, and for the purchase [...]

By Atty Elvin Labor Law employer-employee relationship 13 Comments Read more...

03 Apr

DOLE Requires Companies to Include in their Code of Conduct/CRR the Analogous Causes for Termination

The Labor Code enumerates the ground for dismissal of employees under Article 297 [formerly Article 282]. The enumeration is general in nature which means it does not identify the particular acts that will be just cause for employee’s dismissal. In such general enumeration, the law provides other grounds similar to each in the list referred to as “analogous cause.” What is analogous to those enumerated is often a contested issue. Analogous causes must have an element similar to those found in [...]

By Atty Elvin Labor Law analogous cause, code of conduct 19 Comments Read more...

02 Apr

The DOLE Decision Should Contain Findings of Employer-Employee Relationship

The DOLE conducted a Complaint Inspection at the premises of DXCP Radio Station, which is owned by South Cotabato Communications Corporation. The inspection yielded a finding of violation of labor standards provisions of the Labor Code involving the nine (9) private respondents. Consequently, the DOLE issued a Notice of Inspection Result directing South Cotabato Communications Corporation, to effect restitution and/or correction of the alleged violations within five (5) days from notice. Due to South Cotabato Communications Corporation failure to comply [...]

By Atty Elvin Labor Law employer-employee relationship 18 Comments Read more...

31 Mar

A Supervisory Employee is still Liable for his Failure to Perform his Duties when Company Property gets Stolen Under his Watch

Angelito Publico was employed to work at Cardinal Santos Memorial Center (CSMC) in 1989, and was the hospital’s Chief of Blood Bank Section, Laboratory Department when he was dismissed from employment by Hospital Managers, Inc. (HMI) in 2008. The dismissal was founded on Publico’s gross and/or habitual negligence, as penalized under the provisions of the HMI’s Code of Discipline for employees, and indicated in an inter-office memo that directed Publico to answer the charges. Prior to Publico’ s dismissal, HMI discovered [...]

By Atty Elvin Labor Law gross and habitual neglect of duty 21 Comments Read more...

30 Mar

Lone Grant of Optional Retirement may not Establish Company Practice

Maureen Perez wanted to retire from employer CII. But it was denied. She asked CII to reconsider its stand and she cited names of former employees who were allowed to optionally retire and who were given separation pays even if they were managerial employees. Still, CII was not convinced. Perez filed a complaint with the NLRC for discrimination, moral damages and attomey’s fees against and praying for separation pay in the form of optional retirement benefits, either under the Retirement [...]

By Atty Elvin Labor Law retirement, Retrenchment 20 Comments Read more...

28 Mar

In Case Where there was No Dismissal and No Abandonment of Work, the Employee Should be Reinstated

If Reinstatement is not Possible, Grant Separation Pay The employer denies having dismissed the employee and the worker also denies having abandoned his work. How should this situation be resolved? This is the case of Dee Jay’s Inn and Cafe vs. Rañeses. The Court held in this case that where the employee was neither found to have been dismissed nor to have abandoned his/her work, the general course of action is for the Court to dismiss the complaint, direct the employee to [...]

By Atty Elvin Labor Law, Uncategorized dismissal, reinstatement 17 Comments Read more...

27 Mar

GAMBLING AS GROUND FOR DISMISSAL

Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. Francisco, Elmer C. Saromines and Samuel D. Coronel were employed by Universal Canning on various capacities. They were caught by the company’s Purchasing Officer, Falconieri Almazan, playing cards at the company’s premises during working hours. The incident was immediately reported by Almazan to the Personnel Officer, Ma. Lourdes Losaria, who immediately conducted an investigation to determine the names and of those who were involved in the gambling activities. On the same day, they [...]

By Atty Elvin Labor Law gambling 15 Comments Read more...

26 Mar

PAY RULES DURING HOLYWEEK

Two days of the Lenten season are considered regular holidays. Maundy Thursday and Good Friday are paid twice whenever the employee reports for work. However, there are employees who prefer to be absent to spend time with their loved ones, usually in the provinces. How should the holiday pay be computed and other related benefits? If the employee works on both days, then he should be paid twice his daily rate. If he does not work, he is generally entitled [...]

By Atty Elvin Labor Law COLA, holyweek, overtime pay, premium pay, regular holiday 19 Comments Read more...