atty. elvin Archives - Page 15 of 21

10 Mar

Dismissal of Employee Does not Involve his Property in Constitutional Sense

Dismissal of an employee requires observance of due process. There are two aspects of due process, the substantive and the procedural. The usual dispute involves failure to notify the employee to explain the charge, attend hearing/conference, and notice of dismissal. Does failure to provide notice or opportunity for a hearing to the employee violate his constitutional right to his property? Is his job property in constitutional sense? Previously, court decisions consider the right of a person to his labor to be [...]

08 Mar

Willful Disobedience as Ground for Employee Dismissal

Willful disobedience is ground for dismissal under Article 297 of the Labor Code, as amended. The Supreme Court found just cause to dismiss the employee for her willful disobedience of the superior’s directives requiring her to explain her absence, violation of school policy and refusal to subject herself to medical examination. Other cases where disobedience was held willful: Violation of the rule against the use of company-owned vehicles for private purposes without prior authority; Smoking in restricted areas; Refusal to render overtime; Refusal to be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, Just Cause, labor, Labor Code, labor law, willful disobedience 15 Comments Read more...

08 Mar

Obligation of Employer in Sexual Harassment Cases

The employer has the duty to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution or prosecution of the offense. It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. (R.A. 7877, Section 4.) In [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, labor, labor law, Sexual harassment 19 Comments Read more...

03 Mar

Grounds For Dismissal: Just Cause And Authorized Cause

Grounds for dismissal are required ingredients to ensure that termination is valid. There are three classifications of valid grounds for dismissal or termination under the Labor Code which can be used by the employer: First is the just cause under Article 297 of the Labor Code, as amended. Second, the authorized cause under Article 298 therein. Third is the dismissal due to disease found in Article 299. The employee is also authorized to cut employment ties under Article 300. The burden of proof in [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, discipline, dismissal, employee, employer, grounds for dismissal, grounds for termination, Just Cause, labor, Labor Code, labor law 35 Comments Read more...

02 Mar

Instances Involving Serious Misconduct as Held by the Supreme Court

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, employer, employment, Just Cause, labor, Labor Code, labor law, Serious Misconduct 12 Comments Read more...

02 Mar

Loss of Trust and Confidence: The Nature of Work and not Job Title is Material in Determining the Trust Reposed

Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust. In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged of selling the broilers and broiler crates without the authority of the owner. In response to the administrative charge, the employees contend that they were drivers/helpers [...]

By Atty Elvin Labor Law atty. elvin, dismissal, job title, Just Cause, labor, Labor Code, loss of trust, nature of work, termination, willful breach 18 Comments Read more...

27 Feb

Affidavits in Labor Cases are not Hearsay for Having been taken Ex-Parte

Affidavits in labor cases are usually executed without the affiant being subject to cross-examination. The question is, without such cross-examination is the affidavit admissible in evidence? The Supreme Court (SC), in the case of JR Hauling Services vs. Solamo, (G.R. No. 214294, September 30, 2020), held that such affidavit is admissible. According to the SC, the argument that the affidavits are hearsay for having been taken ex parte i.e., that the affiants were not presented for cross-examination, does not persuade the [...]

By Atty Elvin Labor Law affidavit, atty. elvin, dismissal, labor, Labor Code, labor law, nlrc 22 Comments Read more...

26 Feb

Employee Death due to Work-Related Myocardial Infarction is Compensable

Employee death while at work is an unfortunate event. The main concern of the bereaved family in such situation is the financial program available since the breadwinner is gone. In a case involving a company “motorized” messenger, which is a utility person driving a motorcycle, who died of a heart attack, the Supreme Court (SC) affirmed the ruling that he is entitled to compensation in the case of Social Security System vs. Cuento (G.R. No. 225827. July 28, 2021). The employee [...]

By Atty Elvin Labor Law atty. elvin, compensability, compensation and benefits, ecc, employee compensation, sss 22 Comments Read more...

22 Feb

How to Determine the Correct Employment Contract for Employees

Employment laws in the Philippines are technical in nature, especially those governing the employment contracts for various nature of services. Many employers make the mistake of adopting the wrong contract. This is probably due to lack of knowledge of the concept, nature, and scope of each type of employment agreement. Sadly, the mistake committed can be costly which can even amount to millions of Pesos in backwages, damages, attorney’s fees, etc. Hence, it is a prudent action on the part of [...]

By Atty Elvin Labor Law atty. elvin, employment contract, labor, Labor Code, labor law 14 Comments Read more...

14 Feb

Labor Advisory 4, Series of 2022 on Rules of Pay for Employees who Accompany Children for Vaccination

On 10 February 2022 the Department of Labor and Employment (DOLE) issued Labor Advisory 4, Series of 2022 providing for rules of pay for employees who would be absent to accompany their children for vaccination. Below is the PDF Copy of the Labor Advisory 4, Series of 2022 (original file not mine) This was issued in support of the government’s implementation of the Bayanihan, Bakunahan COVID-19 Vaccination Days (NVD) Part III for the period February 10 to 11, 2022. This rule applies [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, labor, Labor Code, labor law, leave credits, vaccination 20 Comments Read more...

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