Tag - employer

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):

Labor Advisory 23, Series of 2021 on December 8, 24, 25, 30, and 31 PDF Copy

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The Department of Labor and Employment (DOLE) issued Labor Advisory No. 23, Series of 2021 for the December 8, 24, 25, 30, and 31 holidays. Here, the DOLE provides the rules applicable for the payment of the applicable benefits. Below is the PDF copy of the said labor advisory (original copy not mine):

Employers Can Require On-Site Employees to Get Vaccinated; Sample Forms and Templates for Implementation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Previously, the position of the government was to prohibit employers from requiring vaccination of their employees. However, the interest of public safety against COVID-19 seems to be the utmost concern considering the far-reaching impact of the pandemic to health, economy, and other facets of life. On 11 November 2021, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution N0. 148-B, [...]

Special Days and Regular Holiday in November 2021: How to Compute Holiday Pay

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Special days under R.A. 9492 include the All Saints Day falling on November 1. On 30 July 2020, Proclamation No. 986 was issued by Malacañang providing the list of regular holidays and special days for the year 2021. Special days are non-working under such proclamation. It also provides for two (2) additional special non-working days. Specifically, All Soul’s Day, falling on 2 November 2021 and [...]

Computing Benefits for the November 2021 Holidays (1, 2, and 30) per Labor Advisory 19, Series of 2021 – PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The Department of Labor and Employment (DOLE) has issued on 26 October 2021 the Labor Advisory No. 19, Series of 2021 on the rules for pay on special days and regular holiday for the month of November 2021. Below is the PDF file of this Labor Advisory (original file not mine):

How to Correctly Compute Thirteenth (13th) Month Pay Labor Advisory Guidelines Per Labor Advisory 18, Series of 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Thirteenth (13th) month pay is one of the benefits mandated to be granted to rank-and-file employees. The legal basis for the grant is P.D. 851, as amended by Memorandum Order No. 28, Series of 1986. The usual error in implementing this is the default practice of giving the one month equivalent of the monthly salary. Worse, deducting from the said salary the amount pertaining to [...]

Employee on a Per Trip Basis can be Regular Employee

Regular employment occurs when there is employer-employee relationship and the employee has been with the company for at least six (6) months and/or has been engaged to perform activities which are necessary or desirable in the usual business or trade of the employer. Rodrigo A. Upod vs. Onon Trucking and Marketing Corporation and Aimardo V. Interior G.R. No. 248299, July 14, 2021 Regular employment of truck drivers in hauling business; Where the employee performed acts necessary and desirable to respondent company’s  business  [...]

Constructive Dismissal Involving Reduced Responsibilities

Usually, constructive dismissal involves demotion in rank or diminution in pay. However, there could be constructive dismissal even though on paper there was no demotion in title or diminution in pay. To give a conceptual view, constructive dismissal exists where there is cessation of work because “continued employment is rendered impossible, unreasonable or unlikely, as an offer involving a demotion in rank and a diminution in pay.” (Globe Telecom, Inc. vs. Galang, G.R. No. 150092, September 27, 2002.) There is constructive [...]

Delivery Riders may or may not be Entitled to Employment Benefits

On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 providing for the Working Conditions of Delivery Riders in Food Delivery and Courier Activities. See PDF copy of the Labor Advisory 14, Series of 2021 here. Pursuant to the provisions of Article 5 of the Labor Code of the Philippines, as renumbered, and Republic Act No. 11058, the DOLE issued said Advisory to ensure compliance with applicable general labor standards and occupational safety [...]

Can a Former Employee Solicit the Company’s Client After Resignation?

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Running a business requires commitment of the owner and employees to a goal to increase the market, sales, and profitability. Competition is healthy. However, competition that proceeds from theft of company’s trade secrets, methodologies, strategies, and systems is not healthy. This refers to a situation where the former employee deals with the company’s customers without the knowledge of the latter. For instance, the employee has [...]

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