atty. elvin Archives - Page 8 of 21

21 Sep

Mindset in Crafting Project Employment Contract with Partial Sample Template

Employers should be careful in crafting project employment contract as to ensure that there is no ambiguity in the terms agreed upon and the legal requirements are all present. 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. There is an exception. One of which is where the employment has [...]

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

19 Sep

Standards to Observe in Alleging Offenses in the Notice to Explain

Issuance of the Notice to Explain (NTE) is one of the steps required in employee dismissal. At least, insofar as avoiding payment of indemnity is concerned for violation of procedural due process. Not observing the proper NTE may also impress upon the tribunal the haphazard nature of the employer in issuing such legal requirement. The last thing that an employer, as respondent in a case, wants is to have a wrong impression in the eyes of the labor tribunal. So, should [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, Labor Code, labor law, Notice to Explain, NTE, procedural due process, termination 0 Comments Read more...

18 Sep

Diminution in Rank or Diminution of Responsibilities

Diminution is usually associated with benefits. However, in a Supreme Court (SC) decision, the concept of diminution in rank or diminution of responsibilities was established. In the case of Isabela-I Electric Coop, Inc. vs. Del Rosario (July 17, 2019, G.R. No. 226369), the SC discussed diminution in rank of employee whose position was changed from Internal Audit Manager to Area Manager. Although the employee’s position bears the appellation “manager,” the responsibilities he used to discharge as manager in his former position [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, demotion, demotion in rank, diminution, Illegal dismissal, labor, labor law 0 Comments Read more...

16 Sep

Resignation and Illegal Dismissal

While the rules on resignation is settled, especially under Article 300 of the Labor Code, as amended, in actual situations, resignation is a confused subject matter especially if attended with claim of illegal dismissal. So, what is the legal perspective on this matter? It is good to revisit the 2020 case of Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020. The Supreme Court (SC) held that the fact of dismissal must first be proven, especially considering the existence [...]

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

15 Sep

Affidavit as Evidence in Labor Cases

Affidavit may be admissible in evidence even in labor cases. Case in point is the holding of the Supreme Court in the case of JR Hauling Services vs. Solamo, (G.R. No. 214294, September 30, 2020) The employer in such case holds the employees liable for the shortages in the delivery of broilers, sale of live chickens and other relate irregularities in the farm. The employer, on this point, bring to fore sworn statements or affidavits of several individuals to corroborate the fact [...]

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

12 Sep

Good Faith of the Employer is Required in Redundancy Program

Under Article 298 (formerly 283) of the Labor Code, redundancy is recognized as an authorized cause for dismissal, viz.: Article 298 [283]. Closure of Establishment and Reduction of Personnel. – The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or cessation of operation of the establishment or undertaking unless the closing is for the purpose of circumventing the provisions of this Title, by serving [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, good faith, Illegal dismissal, Labor Code, labor law, Redundancy 0 Comments Read more...

11 Sep

Employer may Resort to Redundancy since it has no legal obligation to keep more employees than are necessary

Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as over-hiring of workers, decrease in volume of business, or dropping a particular product line or service activity previously manufactured or undertaken by the enterprise. A valid redundancy program must comply [...]

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

08 Sep

Redundancy Scheme is Ineffective if there is no Power to Terminate Services

Redundancy is one of the grounds to terminate services under authorized cause in Article 298 of the Labor Code, as amended. Termination letter is usually signed by the individual holding the authority to execute the act. However, in the case of Alfredo American Power Conversion Corporation, et al. vs. Lim, G.R. No. 214291, January 11, 2018, the Supreme Court held, in part, that the termination is ineffective where there is no authority to effect redundancy. In this case, the employee, Lim [...]

By Atty Elvin Labor Law atty. elvin, authority to terminate, Authorized Cause, labor, Labor Code, labor law, Redundancy, termination 0 Comments Read more...

04 Sep

No-Spouse Employment Policy that is Discriminatory is Illegal

One Network Bank, Inc. hired Catherine as an Accounting Specialist.On May 1, 2006, it implemented what it called an “Exogamy Policy,” which stated: Effective May 1, 2006, when two employees working for One Network Bank are subsequently married through Church or Civil Court rites, one must terminate employment immediately after marriage. This policy shall not affect co-employees of the bank who are already married to each other as of the end of April 2006. On October 31, 2009, Catherine married her co-worker, [...]

By Atty Elvin Labor Law atty. elvin, bfoq, bona fide occupational qualification, Illegal dismissal, Just Cause, labor, Labor Code, labor law, no-spouse employment policy 0 Comments Read more...

01 Sep

Holiday Pay Sample Computation for 2022 National Heroes Day Using New NCR Minimum of P570

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 29 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 1236 (Original File not mine). Hence, on 25 August 2021 the Department of Labor and Employment (DOLE) issued Labor Advisory 16, Series of 2022 on the computation of pay during this regular holiday. Thus, [...]

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

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