atty. elvin Archives - Page 7 of 21

09 Oct

Burden of Proving the Fact of Dismissal in Illegal Dismissal Cases

It is axiomatic that in illegal dismissal cases, the employer bears the burden of proving that the termination was for a valid or authorized cause. (Atienza vs. Saluta, G.R. No. 233413, June 17, 2019.) However, there are cases wherein the facts and the evidence do not establish prima facie that the employee was dismissed from employment. Before the employer is obliged to prove that the dismissal was legal, the employee must first establish by substantial evidence the fact of his [...]

By Atty Elvin Labor Law atty. elvin, burden of proof, labor, labor case, Labor Code, labor law, termination 0 Comments Read more...

08 Oct

Probationary Employee who is Regular by Operation of Law

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. A probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [See Canadian Opportunities Unlimited, Inc. v. Dalangin, Jr., 681 Phil. 21, 33 (2012), citing International Catholic Migration Commission v. NLRC, 251 Phil. 560 (1989)] By virtue of a probationary employment, an [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, probationary, regular from day one 0 Comments Read more...

06 Oct

Termination of Probationary Employee

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. As a background, a probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [See Canadian Opportunities Unlimited, Inc. v. Dalangin, Jr., 681 Phil. 21, 33 (2012), citing International Catholic Migration Commission v. NLRC, 251 Phil. 560 (1989)] By virtue of a [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, failure to qualify, labor, Labor Code, labor law, probationary, probationary employment, termination 0 Comments Read more...

05 Oct

Probationary Employee may Become Regular from Day One

A probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [Canadian Opportunities Unlimited, Inc. v. Dalangin, Jr., 681 Phil. 21, 33 (2012), citing International Catholic Migration Commission v. NLRC, 251 Phil. 560 (1989)] By virtue of a probationary employment, an employer is given an opportunity to observe the fitness and competency of a probationary employee while at work. During the probationary period [...]

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

30 Sep

Extension of Probationary Employment Period

Article 296 [formerly 281] of the Labor Code provides that probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee [...]

By Atty Elvin Labor Law atty. elvin, labor, Labor Code, labor law, probationary, probationary employment 0 Comments Read more...

28 Sep

Reason the Probationary Employee Should be Rated or Evaluated

Most employers would just go through the motion of six months of the probationary period, then make decision on the eve of six months and one day. By then the employee is already regular. This practice of rating the employee the last minute is risky since the employee may already be of regular status who cannot simply be dismissed for failure to qualify as regular. Probationary employment is one of the forms of employment in the Philippines wherein the employee undergoes [...]

By Atty Elvin Labor Law atty. elvin, employment contract, failure to qualify, labor, Labor Code, labor law, probationary, probationary employment contract, reasonable standards 0 Comments Read more...

27 Sep

Probationary Employment Contract Formulation in the Philippines

Probationary employment is one of the forms of employment in the Philippines wherein the employee undergoes the trial period to determine qualification as regular employee. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015). While the employer observes the fitness, propriety and efficiency [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, employment contract, labor, Labor Code, labor law, probationary, probationary employment contract, proby, trial period 0 Comments Read more...

26 Sep

How to Handle the Contracts of Project Employees when there are Multiple Projects

Project employment is an exception to the rule on regular employment if all the requisites are complied with. A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017) Thus: “Art, 295. Regular and Casual Employment. –The provisions [...]

By Atty Elvin Labor Law atty. elvin, contract for project employment, labor, Labor Code, labor law, project, project employment, project employment contract 0 Comments Read more...

22 Sep

Sample Project Employment Contract in Filipino / Tagalog

Project employment is one of the exceptions to regular employment under Article 295 of the Labor Code, as amended. As a rule, an employment is deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. However, employment may be made for a particular project or undertaking the duration of which is made known to the employee at the time of engagement. The “project” [...]

By Atty Elvin Labor Law atty. elvin, employment contract, labor, Labor Code, labor law, project employment, project employment contract 0 Comments Read more...

22 Sep

Specification of the Project Must Better Seen in Project Employment Contract

Under Article 295 of the Labor Code, as amended, an employment is deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. The “project” for the carrying out of which “project employees” are hired would ordinarily have some relationship to the usual business of the employer. (Toyo Seat Philippines Corporation vs. Velasco, G.R. No. 240774, March 03, 2021) Exceptionally, the “project” undertaking might [...]

By Atty Elvin Labor Law atty. elvin, Labor Code, labor law, project employee, project employment, project employment contract 0 Comments Read more...

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