Master Labor Law Essentials Seminar by Atty. Elvin

This is another solutions-focused seminar by one of the sought-after labor law and litigation practitioners, Atty. Elvin B. Villanueva.

This will be held on 28 November 2024 at the City Garden Hotel, Makati.

Learners will be trained in usually contentious areas of labor laws, the labor standards benefits and termination of employment through exposition of current rules, exceptions, and strategies to prevent labor dispute or to help resolve existing concerns in respective enterprise.

Participants may expect to acquire practical knowledge and skills in dealing with essential matters on overtime, holiday pay, wages, withholding, deduction, clearances, certificates of employment, preventive suspension, dismissal for just cause, termination for authorized cause, and termination due to disease.

A 30-minute interactive discussion with Atty. Villanueva will cap the learning of the participants for specific inquiries, challenges, and issues in their respective companies.

For details and registration, please contact / chat Shane, Natasha, or Syryll:

Shane https://www.facebook.com/shane.iwagmagbanua?mibextid=kFxxJD

Natasha https://www.facebook.com/natasha.alamillo?mibextid=kFxxJD

Syryll https://www.facebook.com/syryllangelic?mibextid=kFxxJD

What you will learn in this seminar:

• Legal Basis to resolve compensation and benefits dispute
• Rules on presumption and burden of proof involving employment claims
• Current rules and peculiar doctrines in labor standards and employee termination
• General rules and exceptions on employee benefits and termination

What you will benefit:

• Acquire confidence in handling employment dispute
• Acquire skills in implementing compensation and benefits policies
• Achieve technical competence and mastery in labor standards and employee termination

COURSE OUTLINE

MASTERCLASS IN LABOR ESSENTIALS

MASTERING LABOR STANDARDS & EMPLOYEE TERMINATION

1. Essentials in Labor Standards
   1. Basic Statutory Policies on Employee Benefits
      1. Employee Welfare
      2. Employee Protection
   2. Company Policies on Company-Initiated Benefits
      1. Motivation
      2. Binding Effect

• Limitations

1. Labor Standards Benefits
   1. Wages
      1. Normal Hours of Work
      2. Hours Worked
      3. Withholding of Wages
      4. Deduction
      5. Milan vs. NLRC
         1. Clearance Procedure
         2. Employee Accountabilities
         3. Employee Debt (Loss, Damage)
      6. Article 1706 Civil Code
      7. Burden of Proof and Presumptions in Wage Issues
   2. Time-related Issues
      1. Factor / Divisor [313, 365 days, etc.]
         1. Conversion
         2. Monthly Based vs. Daily Based
         3. Proof required
      2. Attendance, punctuality, transfer, relocation of employee, etc.
      3. Work from Home and Telecommuting (R.A. 11165)
      4. Compressed Workweek (CWW)
      5. Field personnel
      6. Per Trip, Per Piece, Takay, Pakyaw, basis

• Overtime
  1. Management Prerogative
  2. Overtime Premium
  3. Prior Authorization
  4. Refusal to Render Overtime
  5. Article 89 of Labor Code vs. R.A. 11058 (Refusal to work)
  6. Burden of Proof and Presumptions in Overtime

1. Holiday Pay
   1. Overview of Holiday Benefits
      1. Regular
      2. Special
      3. Holiday Premium
      4. Muslim holidays
   2. Rule on successive regular holiday
   3. Holiday economics effect and internal adjustments
   4. Burden of Proof and Presumptions in Overtime
2. Rest Day Benefits
   1. Overview of Rest Day Benefits
      1. Concept
      2. Determination
      3. Choice of Employee for religious reason
      4. Management prerogative
   2. Burden of Proof and Presumptions in Rest Day Issues
3. Service Incentive Leave (SIL) Benefits
   1. Concept
   2. Requirements
   3. Vacation Leave
   4. Sick Leave
   5. Emergency Leave
   6. Garden Leave
   7. No-Call no-Show
   8. Call-in Sick
   9. Falsification
   10. Malingering
   11. Management prerogative to refuse leave
   12. Burden of Proof and Presumptions in SIL and related leave policies

• 13^th Month Pay
  1. Concept
  2. Coverage and Exclusions
  3. Basis
  4. As part of Final Pay, Retirement
  5. Labor Advisory 6, Series of 2020
  6. Burden of Proof and Presumptions in 13^th month pay

1. Essentials in Employee Termination
   1. Security of Tenure
   2. Management Prerogative
   3. Employee Dismissal
      1. Substantive Due Process
      2. Procedural Due process

• Dismissal for Just Cause

1. Dismissal for Authorized Cause

1. Just Cause for Dismissal
   1. Serious Misconduct
      1. Requisites and elements
      2. Theft
      3. Sexual Harassment
      4. Gender Based Sexual Harassment (R.A. 11313)
      5. Intoxication, Fighting, Social Media issues
   2. Willful Disobedience
      1. Requisites and elements
      2. Lawful order
      3. Reasonable order
      4. “Other duties from time to time”

• Gross and Habitual Neglect of Duty
  1. Requisites and elements
  2. Gross and Habitual elements must be present
     1. Exceptions
        1. Amount
        2. Nature of violation
     2. Fraud or Willful Breach of Trust
        1. Requisites and elements
        2. Position of Trust
        3. Nebulous facts
        4. Loss of trust and confidence
     3. Commission of Crime of Offense
     4. Analogous Cause
        1. DOLE D.O. 147-15
     5. Authorized Cause
        1. Article 298
           1. Installation of Labor-Saving Device
              1. Concept and Nature
              2. Elements
           2. Redundancy
              1. Concept and Nature
              2. Elements
           3. Retrenchment
              1. Concept and Nature
              2. Elements
              3. Criteria for Retrenchment
              4. Proof of Losses
           4. Closure
              1. Concept and Nature
              2. Elements
           5. Article 299
              1. Incurable Disease
              2. Six months of proper medical treatment
              3. Competent public health authority
              4. Offer to resign

• Resignation in relation to dismissal and termination
  1. Graceful exit
  2. Constructive Dismissal

1. Procedural Due Process
   1. Twin Requirements
      1. Notice
      2. Hearing
      3. PT&T Case
   2. Two Notice Rule
      1. Notice to Explain
      2. Notice of Dismissal / Termination

• Administrative Hearing / Conference
  1. Notice
  2. Attendance Sheet
  3. Proceedings
     1. Objection
     2. Refusal to Answer
     3. Assistance of Counsel
     4. Suspension and termination of Proceeding

• Question and Answer and Free Consultation within the Time Allotted