atty. elvin Archives - Page 13 of 21

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...

15 May

Sample Computation of Holiday Pay Under the New NCR Wage Order 23 Mandating P33 Additional Wage

The NCR RTWPB has approved the additional daily minimum wage of PhP33.00 making the NCR daily minimum wage PhP570.00 How will the additional wage impact on computation for the work on regular holiday? Let us consider the upcoming 12 June 2022 holiday being independence day. Based on the usual pay rules, here is a sample computation of pay using a fictional scenario applying the daily rate of PhP570.00: Ms. Julie Henderson is a Waitress of Murana Marumifa Foodhouse located in NCR with [...]

By Atty Elvin Labor Law atty. elvin, holiday, holiday pay, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, new minimum, pay, regular holiday, RTWPB, salary, Wage Order 0 Comments Read more...

14 May

No Spouse Employment Policy

The case of Star Paper Corporation vs. Simbol brought about the concepts of disparate impact and disparate treatment on employment discrimination into our shores. In disparate treatment analysis, the complainant must prove that an employment policy is discriminatory on its face. No-spouse employment policies requiring an employee of a particular sex to either quit, transfer, or be fired are facially discriminatory. For example, an employment policy prohibiting the employer from hiring wives of male employees, but not husbands of female [...]

By Atty Elvin Labor Law atty. elvin, company policy, employee, employer, employment, labor, Labor Code, labor law, no spouse policy 0 Comments Read more...

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

04 May

Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that: “Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Serious Misconduct, Sexual harassment, substantive due process 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts: Falsified his employment application form by not stating therein that he is the nephew of the company’s manager; Falsified gasoline receipt; Submitted false report of his trade outlet calls; and Unauthorized availment of sick, vacation and emergency leaves The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

01 May

Labor Day (May 1, 2022) Regular Holiday Pay Rules

Labor Day, May 1, 2022 is one of the regular holidays throughout the country. Proclamation No. 1236 issued on 29 October 2021 declared, among others, declared 1 May 2021 (Sunday) as regular holiday. View the PDF copies of Proclamation No. 1236 (original file not mine). The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) No. 11, Series of 2022 governing the rules on payment for this holiday. View the PDF copy of Labor Advisory No. 11, Series of 2022 (original file [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, labor, Labor Code, labor day, labor law, regular holiday 0 Comments Read more...

28 Apr

Holiday Pay Sample Computation for Eid’l Fitr (3 May 2022)

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021 declared, among others, Eid’l Fitr as a national holiday. Under R.A. 9492, Eid’l Fitr was declared as a regular holiday. It is a movable date. View the PDF copy of Proclamation No. 1236 (original file not mine). Likewise, R.A. 9177 also declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country. Under Proclamation No. 1236, the proclamation declaring national holidays for the [...]

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l fitr, employee, employer, employment, holiday, Labor Code, labor law, ramadan, regular holiday 0 Comments Read more...

28 Apr

NCMF Recommendation for Ramadan May 3, 2022

On 18 April 2022 the NCMF recommended 3 May 2022 to be declared as a national holiday in observance and celebration of the Eid’l Fitr. Below is the PDF Copy (Original file not mine):

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l fitr, holiday, Labor Code, labor law, ramadan, regular holiday 18 Comments Read more...

25 Apr

Breach of Trust is a Factual Issue

Breach trust must be proven as a fact. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of trust and confidence. While it is true that loss of trust and confidence is a just cause for termination, it must not be simulated or concocted but must be supported by substantial evidence. The evidence must be substantial [...]

By Atty Elvin Labor Law atty. elvin, breach of trust, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, termination, willful breach of trust 23 Comments Read more...

Tag - atty. elvin