atty. elvin Archives - Page 3 of 21

25 May

Minimum Wage Exemption Under the BMBE Law

Post-lockdown scenarios on account of the COVID-19 pandemic present us the return to hyper business activities. In turn, demand for work can be on the rise. For years, most Regional Tripartite Wages and Productivity Boards (RTWPBs) did not issue minimum wage orders most likely to tide the effects of COVID-19 on businesses. With the re-opened economy, employees are up and about marching in throngs during office hours. The concern on increase in minimum wages is becoming a trend. In fact, some [...]

By Atty Elvin Labor Law atty. elvin, bmbe, labor, Labor Code, labor law, minimum wage, RTWPB 0 Comments Read more...

22 May

Laws and Rules Governing Family Drivers and Kasambahay

Are family drivers and kasambahay governed by the Labor Code? Prior to R.A. 10361 or the Kasambahay law, Article 141, Chapter III, Book III on Employment of Househelpers of the Labor Code provides that family drivers are covered in the term domestic or household service. It states that such Chapter shall apply to all persons rendering services in household for compensation. “Domestic or household service” is defined as service in the employer’s home which is usually necessary or desirable for the [...]

By Atty Elvin Labor Law atty. elvin, family driver, kasambahay, labor, Labor Code, labor law 0 Comments Read more...

17 May

Floating Status that Exceeds Six Months Does not Automatically Result in Constructive Dismissal

While there is no specific provision in the Labor Code governing the floating status or temporary off-detail of employees, the Supreme Court (SC), applying Article 301 of the Labor Code by analogy, considers this situation as a form of temporary retrenchment or lay-off. Article 301 of the Labor Code provides that the bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a [...]

By Atty Elvin Labor Law atty. elvin, Floating status, labor, Labor Code, labor law, off-detail status 0 Comments Read more...

29 Apr

Backwages and the Earnings Elsewhere

The monetary award known as Backwages is one of the items usually granted to the illegally dismissed employee. It is provided under Article 294 of the Labor, as amended. This provision of the Labor Code states that an employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his [...]

By Atty Elvin Labor Law atty. elvin, backwages, bustamante ruling, earnings elsewhere, labor, labor case, Labor Code, labor law, mercury drug rule 0 Comments Read more...

24 Apr

Illegal Dismissal Case is a Command on Employer to make Public Reparation hence Prescribes in Four Years

Although illegal dismissal is a violation of the Labor Code, it is not the “offense” contemplated in Article 305 [formerly Article 290] of the Labor Code. [Arriola vs. Pilipino Star Ngayon, Inc., G.R. No. 175689. August 13, 2014] Article 305 refers to illegal acts penalized under the Labor Code, including committing any of the prohibited activities during strikes or lockouts, unfair labor practices, and illegal recruitment activities. The three-year prescriptive period under Article 305, therefore, does not apply to complaints [...]

By Atty Elvin Labor Law atty. elvin, Illegal dismissal, labor, Labor Code, labor dispute, labor law, nlrc, prescription, Prescriptive period 0 Comments Read more...

24 Apr

Employee Benefits in Case of “Bankruptcy” or Liquidation of the Company

“Bankruptcy” is a commonly terms by business owners in the event of non-viability of their business. Such term is not used in Philippine setting although there is an equivalent concept which is insolvency. However, Article 110 of the Labor Code recognizes the scenario of “bankruptcy” is so claimed by the employer. This is discussed in the context of liquidation. Technically, bankruptcy in the US contemplates three different scenarios. They are found in Chapters 7, 11, and 13 of the United States [...]

By Atty Elvin Labor Law, Uncategorized atty. elvin, bankruptcy, insolvency, labor, labor case, Labor Code, labor law, liquidation, preference of credit, separation pay, termination 0 Comments Read more...

20 Apr

Quick Overview of the Differences among DOLE, NLRC, NCMB, and BLR

Most HR practitioners, employees, managers, and business owners are confused about the relationship of the DOLE, NLRC, NCMB, and BLR. They cannot be blamed considering that only a few practitioners understand the scope, jurisdiction, and functions of each government office. DOLE stands for Department of Labor and Employment. NLRC stands for National Labor Relations Commission, NCMB stands for National Conciliation and Mediation Board, and the BLR stands form Bureau of Labor Relations. The DOLE is the national government agency mandated to formulate [...]

By Atty Elvin Labor Law atty. elvin, blr, DOLE, employee, employer, labor, Labor Code, labor law, ncmb, nlrc, union 0 Comments Read more...

17 Apr

Employee who Files the day as Vacation Leave due to Tardiness

Tardiness is one of the company policies where the employer imposes disciplinary action for violation. Employees who avoid being tagged as tardy get creative by filing the day as a vacation leave. How will the employer appreciate this particular situation? Habitual tardiness is a form of neglect of duty. Lack of initiative, diligence, and discipline to come to work on time everyday exhibit the employee’s deportment towards work. Habitual and excessive tardiness is inimical to the general productivity and business of the [...]

By Atty Elvin Labor Law atty. elvin, AWOL, emergency leave, labor, Labor Code, labor law, service incentive leave, sick leave, Tardiness, vacation leave, vl 0 Comments Read more...

14 Apr

Legal Consequences of Refusal to Accept the Resignation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice or is otherwise compelled to dissociate oneself from employment. [Dela Fuente vs. Gimenez, G.R. No. 214419, November 17, 2021] It is a formal pronouncement or relinquishment of an [...]

By Atty Elvin Uncategorized abandonment of work, atty. elvin, AWOL, involuntary servitude, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

13 Apr

Directing Employee to Resign than to Face Termination

An employee may have committed serious offense within the company thus, the employer decides to save the employee from incurring bad record and asks the employee to resign instead of being terminated. As a rule, resignation should be voluntary pursuant to paragraph a, Article 300 of the Labor Code, as amended. However, there are instances when different circumstances arise surrounding resignation. These are the resignation due to severe abuses, inhumane treatment, etc. as set forth in paragraph b of Article 300. [...]

By Atty Elvin Labor Law atty. elvin, Graceful exit, labor, labor case, Labor Code, labor law, Resignation 0 Comments Read more...

Tag - atty. elvin