Tag - DOLE

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, [...]

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 [...]

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 [...]

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 [...]

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 [...]

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):

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 [...]

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 [...]

Ventilation for Workplaces and Public Transport to Prevent Spread of COVID-19 per D.O. 224, Series of 2021

Ventilation for workplaces is crucial in preventing the spread of COVID-19 virus pursuant to Department Order (D.O.) No. 224, Series of 2021. Hence, on 3 March 2021 the Department of Labor and Employment (DOLE) issued D.O. 224, Series of 2021 containing guidelines to improve and maintain the quality of ventilation in workplaces and public transport. The DOLE issuance is part of the continuing effort of the government to prevent and control the spread of COVID-19 virus at the workplace and cognizant [...]

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