employee Archives - Page 3 of 6 - LVS Rich Publishing

10 Mar

Dismissal of Employee Does not Involve his Property in Constitutional Sense

Dismissal of an employee requires observance of due process. There are two aspects of due process, the substantive and the procedural. The usual dispute involves failure to notify the employee to explain the charge, attend hearing/conference, and notice of dismissal. Does failure to provide notice or opportunity for a hearing to the employee violate his constitutional right to his property? Is his job property in constitutional sense? Previously, court decisions consider the right of a person to his labor to be [...]

08 Mar

Willful Disobedience as Ground for Employee Dismissal

Willful disobedience is ground for dismissal under Article 297 of the Labor Code, as amended. The Supreme Court found just cause to dismiss the employee for her willful disobedience of the superior’s directives requiring her to explain her absence, violation of school policy and refusal to subject herself to medical examination. Other cases where disobedience was held willful: Violation of the rule against the use of company-owned vehicles for private purposes without prior authority; Smoking in restricted areas; Refusal to render overtime; Refusal to be [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, Just Cause, labor, Labor Code, labor law, willful disobedience 15 Comments Read more...

08 Mar

Obligation of Employer in Sexual Harassment Cases

The employer has the duty to prevent or deter the commission of acts of sexual harassment and to provide the procedure for the resolution or prosecution of the offense. It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. (R.A. 7877, Section 4.) In [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, labor, labor law, Sexual harassment 19 Comments Read more...

03 Mar

Grounds For Dismissal: Just Cause And Authorized Cause

Grounds for dismissal are required ingredients to ensure that termination is valid. There are three classifications of valid grounds for dismissal or termination under the Labor Code which can be used by the employer: First is the just cause under Article 297 of the Labor Code, as amended. Second, the authorized cause under Article 298 therein. Third is the dismissal due to disease found in Article 299. The employee is also authorized to cut employment ties under Article 300. The burden of proof in [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, discipline, dismissal, employee, employer, grounds for dismissal, grounds for termination, Just Cause, labor, Labor Code, labor law 35 Comments Read more...

02 Mar

Instances Involving Serious Misconduct as Held by the Supreme Court

A series of irregularities may constitute serious misconduct. Thus, in Gustilo vs. Wyeth Phils. where the employee committed the following acts: Falsified his employment application form by not stating therein that he is the nephew of the company’s manager; Falsified gasoline receipt; Submitted false report of his trade outlet calls; and Unauthorized availment of sick, vacation and emergency leaves The Court held that with those listed offenses, the dismissal from service is in order. Citing Piedad vs. Lanao del Norte Electric Cooperative, Inc. [G.R. [...]

By Atty Elvin Labor Law atty. elvin, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, labor law, Serious Misconduct 12 Comments Read more...

14 Feb

Wrongful Intent is Required for Dismissal Due to Transgression of a Rule or Serious Misconduct

In termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. Failure to do so would necessarily mean that the dismissal was illegal. For this purpose, the employer must present substantial evidence to prove the legality of the employee’s dismissal. Substantial evidence is defined as “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” The Supreme Court, in the case [...]

By Atty Elvin Labor Law atty. elvin, discipline, dismissal, employee, employer, gross and habitual neglect of duty, Illegal dismissal, labor, Labor Code, Serious Misconduct, wrongful intent 16 Comments Read more...

11 Feb

Negligence: When is it a Valid Ground for Employee Dismissal?

Negligence is one of the common offenses violated by employees. However, do all forms of negligence warrant dismissal from service? No. For negligence to be a proper ground for termination, it must not only be gross but must be both “gross and habitual” in character to justify depriving an employee of his means of livelihood. In short, not all forms of negligence should be penalized with dismissal. A single or an isolated act of negligence which is not “gross and habitual” [...]

By Atty Elvin Labor Law atty. elvin, employee, employee discipline, employee dismissal, employer, Just Cause, labor, Labor Code, labor law, negligence, termination 19 Comments Read more...

10 Feb

Burden of Proof in Employee Dismissal

Burden of proof in dismissal cases lies with the employer. This means that if an employee is dismissed from service, the employer has to prove that such dismissal is valid. An employee is entitled to security of tenure. Article 294 of the Labor Code provides, that: “ART. 294. Security of tenure.—In cases of regular employment, the employer shall not terminate the services of an employee except for a just cause or when authorized by this Title. An employee who is unjustly [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 18 Comments Read more...

31 Jan

How to Compute Holiday Pay on Chinese New Year 2022 and EDSA Anniversary 2022

Chinese New Year Day was declared as one of the special days in Proclamation 1236 declaring 1 February 2022 (Tuesday) as Special (Non-Working) Day. Further, 25 February 2022 (Friday) was declared also declared as special non-working day. PDF Copy of Proclamation 1236 is available here (original file not mine). On 26 January 2022, the Department of Labor and Employment (DOLE) issued Labor Advisory 03, Series of 2022 providing rules for pay for the special (Non-Working) Day on 1 February 2022 being [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, compensation and benefits, EDSA, employee, employer, holiday, labor, Labor Code, special day, special non-working day 20 Comments Read more...

30 Jan

Labor Advisory 3, Series of 2022 on Rules for Pay for Work on Chinese New Year and EDSA Celebration

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Labor Advisory 3, Series of 2022 was issued by the Department of Labor and Employment (DOLE) on the rules of pay for work on Chinese New Year and EDSA Celebration. Below is the PDF Copy of this Advisory (original file not mine):

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, compensation and benefits, EDSA Anniversary, employee, employer, holiday pay, labor, Labor Code, labor law, special day 14 Comments Read more...

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