employer Archives - Page 2 of 6 - LVS Rich Publishing

01 Jun

Claim of Abandonment vs Claim of Illegal Dismissal

Contrasting allegations may be presented in court involving employee who claims to have been verbally dismissed from service and employer who denies having done so and instead alleges that the employee abandoned his job. If so, how it should be resolved? In the August 2013 case of MZR Industries vs. Colambot, the Supreme Court held, in sum: The Court recognized the rule that in illegal dis- missal cases, the employer bears the burden of proving that the termination was for a valid [...]

By Atty Elvin Labor Law abandonment, article 297, atty. elvin, employee, employer, Illegal dismissal, Just Cause, Labor Code, labor law, termination 0 Comments Read more...

29 May

Abandonment Requires Notice

Abandonment is a ground for dismissal of employees under Article 297 of the Labor Code, as amended. Being considered as within the context of gross and habitual neglect of duty. However, while abandoning employee is usually not physically available, he should still be served the notices for the dismissal. There is no such thing automatic termination for abandonment. An employee whom the employer deems to have abandoned his work cannot be automatically terminated. Due process is required in order for the [...]

By Atty Elvin Labor Law abandonment, atty. elvin, discipline, dismissal, employee, employee termination, employer, Just Cause, labor, Labor Code, labor law, termination 0 Comments Read more...

18 May

Sample Computation of Wage and Benefits Under NCR Wage Order No. 23

The RTWPB of NCR has issued Wage Order No. 23 increasing the NCR minimum wage by PhP33.000 per day making the new minimum for non-agricultural sector at PhP570.00. With the increase in the minimum wage, business owners may be interested to see the picture of how it would look like in numbers. Below are the illustrations of this projected implementation although the wage order still has to take effect following the completion of its publication. Reportedly, it shall take effect 4 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, holiday, holiday pay, labor, Labor Code, labor law, minimum wage, NCR 23, NCR Wage Order no. 23, Overtime, regular holiday, special day, Wage Order 0 Comments Read more...

14 May

No Spouse Employment Policy

The case of Star Paper Corporation vs. Simbol brought about the concepts of disparate impact and disparate treatment on employment discrimination into our shores. In disparate treatment analysis, the complainant must prove that an employment policy is discriminatory on its face. No-spouse employment policies requiring an employee of a particular sex to either quit, transfer, or be fired are facially discriminatory. For example, an employment policy prohibiting the employer from hiring wives of male employees, but not husbands of female [...]

By Atty Elvin Labor Law atty. elvin, company policy, employee, employer, employment, labor, Labor Code, labor law, no spouse policy 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

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, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

28 Apr

Holiday Pay Sample Computation for Eid’l Fitr (3 May 2022)

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021 declared, among others, Eid’l Fitr as a national holiday. Under R.A. 9492, Eid’l Fitr was declared as a regular holiday. It is a movable date. View the PDF copy of Proclamation No. 1236 (original file not mine). Likewise, R.A. 9177 also declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country. Under Proclamation No. 1236, the proclamation declaring national holidays for the [...]

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l fitr, employee, employer, employment, holiday, Labor Code, labor law, ramadan, regular holiday 0 Comments Read more...

08 Apr

Constructive Dismissal

Constructive dismissal occurs when there is cessation of work because continued employment is rendered impossible, unreasonable, or unlikely as when there is a demotion in rank or diminution in pay or when a clear discrimination, insensibility, or disdain by an employer becomes unbearable to the employee leaving the latter with no other option but to quit. (Tan Brothers Corporation of Basilan City vs. Escudero G.R. No. 188711, July 3, 2013 citing The University of Immaculate Conception vs. NLRC, G.R. [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, management prerogative 13 Comments Read more...

21 Mar

Hearing to Employee is not Required for Termination if so Stipulated in Certain Forms of Employment

As a general rule, hearing is mandatory for termination of employees for just cause where it is provided in the policy or requested in writing. It is part of the procedural due process required by law. It belongs to the twin requirements doctrine. However, termination of employment not due to just cause has a different requirement. There are certain forms of employment where such hearing is not anymore required in termination as there is already a stipulation in the employment [...]

By Atty Elvin Labor Law atty. elvin, due process, employee, employer, labor, Labor Code, labor law, procedural due process 20 Comments Read more...

18 Mar

Formal Hearing which is Adversarial in Nature is not Applicable in Employee Dismissal Cases

While hearing or conference is required to be held when specifically requested in writing by the employee or when so provided in the company policy, it is not intended to be in a formal type of proceeding. In the case of Nuez vs. NLRC the Supreme Court held that what the law requires is for the employer to inform the employee of the specific charges against him and to hear his side or defenses. This does not however mean a [...]

By Atty Elvin Labor Law administrative conference, administrative hearing, atty. elvin, dismissal, due process, employee, employer, hearing / conference, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process 13 Comments Read more...

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 [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, due process, employee, employer, labor, Labor Code, labor law, procedural due process 9 Comments Read more...

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