atty. elvin Archives - Page 12 of 21

02 Jun

Fraud and Loss of Trust and Confidence

A managerial employee is conferred with full trust and confidence by his employer. While as a manager he could exercise some discretion, such does not cover acts of betrayal of trust and confidence of his employer. He cannot reimburse his family’s personal travel expenses out of company funds. His act amounted to fraud or deceit which led to the loss of trust and confidence of his employer. An employee, the Officer-in-Charge of the company in its boutique misappropriated the amount [...]

By Atty Elvin Labor Law article 297, atty. elvin, discipline, dismissal, employee, employer, fraud, Just Cause, labor, Labor Code, labor law, loss of trust, loss of trust and confidence, termination 0 Comments Read more...

01 Jun

Claim of Abandonment vs Claim of Illegal Dismissal

Contrasting allegations may be presented in court involving employee who claims to have been verbally dismissed from service and employer who denies having done so and instead alleges that the employee abandoned his job. If so, how it should be resolved? In the August 2013 case of MZR Industries vs. Colambot, the Supreme Court held, in sum: The Court recognized the rule that in illegal dis- missal cases, the employer bears the burden of proving that the termination was for a valid [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor law, termination 0 Comments Read more...

29 May

Abandonment Requires Notice

Abandonment is a ground for dismissal of employees under Article 297 of the Labor Code, as amended. Being considered as within the context of gross and habitual neglect of duty. However, while abandoning employee is usually not physically available, he should still be served the notices for the dismissal. There is no such thing automatic termination for abandonment. An employee whom the employer deems to have abandoned his work cannot be automatically terminated. Due process is required in order for the [...]

By Atty Elvin Labor Law abandonment, atty. elvin, discipline, dismissal, employee, employee termination, employer, Just Cause, labor, Labor Code, labor law, termination 0 Comments Read more...

26 May

Filing of Illegal Dismissal as Against Denial of Termination in Abandonment Cases

Substantial evidence proffered by the employer that it had not terminated the employee should not be ignored on the pretext that the employee would not have filed the complaint for illegal dismissal if he had not really been dismissed. The Court held that such non sequitur reasoning cannot take the place of the evidence of both The lapse of time between the dismissal of an employee for abandonment and the filing of a complaint for illegal dismissal is not a [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, dismissal, Just Cause, labor, Labor Code, labor law, termination 0 Comments Read more...

25 May

How to Correct Wage Distortion

Wage Distortion is a situation where an increase in prescribed wage rates results in the elimination or severe contraction of intentional quantitative differences in wage or salary rates between and among employee groups in an establishment as to effectively obliterate the distinctions embodied in such wage structure based on skills, length of service, or other logical bases of differentiation. Wage distortion means the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, Wage distortion, Wage Order 0 Comments Read more...

23 May

Evidence Required in Abandonment Cases

Abandonment of work is a ground for dismissal under Article 297 of the Labor Code, as amended. However, is mere claim of abandonment already substantial evidence to support the dismissal? The issue of whether the employee has abandoned his work is factual. The law does not enumerate what specific overt acts can be considered as strong evidence of the intention to sever the employer-employee relationship. Failure of the employer to present attendance record even when this was readily available to it could [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, AWOL, dismissal, evidence, Just Cause, labor, Labor Code, labor law 0 Comments Read more...

21 May

Separation Pay Cannot be Awarded to Employee Dismissed for Gross and Habitual Neglect of Duty; Other issues on this ground

Gross and habitual neglect of duty is one of the grounds for dismissal under Article 297 of the Labor Code, as amended. In certain termination, employee is entitled to payment of separation pay. This applies to grounds found under Article 298 of the Labor Code such as installation of labor saving devices, redundancy, retrenchment, and closure. But this does not apply to dismissal due to the fault of the employee like those grounds in Article 297. In one case, in view of [...]

By Atty Elvin Labor Law article 297, atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law, separation pay 0 Comments Read more...

20 May

NCR RTWPB Issued Wage Order No. 23 Raising the Daily Minimum Wage to PhP570 – PDF Copy

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The Regional Tripartite Wages and Productivity Board (RTWPB) of NCR issued Wage Order No. NCR-23 on 13 May 2022 that granted a wage increase of PhP33 bringing the new minimum wage rate to PhP570 and PhP533 for workers in the non-agriculture and agriculture sectors, respectively. This is set to take effect 4 June 2022. This came after several petitions were filed to increase the [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, minimum wage, Wage Order, wage order no. 23 0 Comments Read more...

18 May

Sample Computation of Wage and Benefits Under NCR Wage Order No. 23

The RTWPB of NCR has issued Wage Order No. 23 increasing the NCR minimum wage by PhP33.000 per day making the new minimum for non-agricultural sector at PhP570.00. With the increase in the minimum wage, business owners may be interested to see the picture of how it would look like in numbers. Below are the illustrations of this projected implementation although the wage order still has to take effect following the completion of its publication. Reportedly, it shall take effect 4 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, holiday, holiday pay, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, Overtime, regular holiday, special day, Wage Order 0 Comments Read more...

16 May

Habituality in Gross and Habitual Neglect is Disregarded if Loss is Substantial

That for negligence to be a valid ground, it must be “gross and habitual” is only a general rule. Where damage or loss is substantial, the element of habituality may be disregarded. Thus, in a case where the bank suffered actual loss in the amount of P50,000.00 which is part of the P200,000.00 left by a bank teller fully exposed in her counter on a payday in the presence of depositors milling around, the dismissal of the bank teller for [...]

By Atty Elvin Labor Law atty. elvin, dismissal, gross and habitual neglect of duty, Just Cause, labor, Labor Code, labor law 0 Comments Read more...

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