DOLE Archives - LVS Rich Publishing

25 Nov

BACKWAGES OF ILLEGALLY DISMISSED PROBATIONARY EMPLOYEE SHOULD BE COMPUTED UP TO THE ACTUAL REINSTATEMENT

In the case of C.P. Reyes Hospital (G.R. No. 228357, April 16, 2024), it is argued that backwages for illegally dismissed probationary employees must be computed only until the end of the probationary period, as laid down in Robinsons Galleria. The contention is that since the security of tenure enjoyed by probationary employees is limited, such that they cannot earn wages beyond the probationary period without actually qualifying for regularization, there is no reason to extend backwages beyond such [...]

12 Nov

Master Labor Law Essentials Seminar by Atty. Elvin

This is another solutions-focused seminar by one of the sought-after labor law and litigation practitioners, Atty. Elvin B. Villanueva. This will be held on 28 November 2024 at the City Garden Hotel, Makati. Learners will be trained in usually contentious areas of labor laws, the labor standards benefits and termination of employment through exposition of current rules, exceptions, and strategies to prevent labor dispute or to help resolve existing concerns in respective enterprise. Participants may expect to acquire practical knowledge and skills [...]

By Atty Elvin Labor Law, Seminars atty. elvin, DOLE, labor, labor case, Labor Code, labor law, nlrc, SEnA 0 Comments Read more...

03 Jan

Transfer and Constructive Dismissal when Merges as Issues in an Illegal Dismissal Complaint

Complaint for constructive / illegal dismissal based on claim of illegal transfer usually faces the clash of two sets of different burden of proof. That is, burden on the employer side (in case of proving validity of transfer) and burden on the side of employee (to prove the fact of dismissal in a claim of constructive dismissal). A transfer is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.” Promotion, [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, DOLE, labor, labor case, Labor Code, labor law, nlrc, transfer 0 Comments Read more...

26 Dec

General Manager of a Cooperative may not be an Employee

Is the General Manager of a cooperative an employee? When he files a labor complaint will the Labor Arbiter have jurisdiction over it? In the case of Ellao vs. Batangas I Electric Cooperative Inc. (BATELEC I) (835 Phil. 914 (2018)), Ellao was appointed as General Manager of the cooperative. Ellao committed irregularities while in office and was terminated from employment through a board resolution. Ellao then filed a complaint for illegal dismissal before the labor tribunals, which assumed jurisdiction over the [...]

By Atty Elvin Labor Law atty. elvin, corporate officer, DOLE, jurisdiction, labor, Labor Code, labor law, nlrc 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...

04 Jul

Notes on Bona Fide Suspension of Operations and Extension

Below is a quick guide on doctrines, rules, and principles governing the bonafide suspension of operations and its extension per D.O. 215, Series of 2020. This is useful in refreshing the concepts and rules involved: For full discussion on this matter, read here. Terminologies used: Temporary off-detail; Temporary layoff; bonafide suspension of operations Period not exceeding six months So before 6 months, Employer (ER) has to decide whether to Resume or to Close If ER Resumes Reinstate without loss of seniority rights if Employee (EE) indicates [...]

By Atty Elvin Labor Law atty. elvin, bonafide suspension, DOLE, labor, Labor Code, labor law, off-detail, Retrenchment, suspension, temporary off-detail 0 Comments Read more...

23 Jun

Hepatitis B Prevention and Control Policy is Required by DOLE Under D.O. 198 Series of 2018

Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace. This is pursuant to DOLE D.O. 198, Series of 2018, providing for the Rules on Occupational Safety And Health Standards. D.O. 198 is the IRR of Republic Act No. 11058 or An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof. The State [...]

By Atty Elvin Labor Law atty. elvin, DOLE, hepatitis b prevention policy, labor, Labor Code, labor law, policy 0 Comments Read more...

20 Jan

Isolation and Quarantine Leave Per Labor Advisory 01, Series of 2022

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Isolation and quarantine leave rules were issued by the Department of Labor and Employment (DOLE) on 17 January 2022 providing advisory on handling isolation and quarantine requirements of the company. PDF Copy is provided hereunder (original not mine):

By Atty Elvin Labor Law COVID-19, DOLE, employee, employer, isolation, labor, Labor Advisory, Labor Code, labor law, leave benefits, quarantine 17 Comments Read more...

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of violation [...]

By Atty Elvin Labor Law actual dismissal, atty. elvin, constructive dismissal, DOLE, Illegal dismissal, labor, labor case, Labor Code, Money claims, nlrc, RFA, SEnA 10 Comments Read more...

31 Mar

Holiday Pay Rules per Labor Advisory 4, Series of 2021 on Holidays for Holy Week and Araw ng Kagitingan

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Proclamation No. 986 issued on 20 July 2020, as amended by Proclamation No. 1107, issued on 26 February 2021 declared 1 and 2 April 2021 as regular holidays being Maundy Thursday and Good Friday, respectively while 9 April 2021 was declared as the regular holiday being Araw ng Kagitingan. The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) 4, Series of 2021 [...]

By Atty Elvin Labor Law araw ng kagitingan, atty. elvin, benefits, compensation, compensation and benefits, DOLE, employee, employer, employment, holidays, holy week, labor, Labor Advisory, Labor Code, regular holiday, special day 13 Comments Read more...

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