Tag - employment

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 [...]

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 [...]

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. [...]

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. [...]

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 [...]

Employees as APOR During ECQ under IATF Omnibus Guidelines

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Employees are important in keeping the fight against the COVID-19 considering that most services require kills, labor, and talent. However, when the government declared that the National Capital Region (NCR) would be under Enhanced Community Quarantine (ECQ) from August 6-20, 2021, there are employees who are not allowed to go outside of their residence to work. On July 29, 2021 the Inter-Agency Task Force [...]

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 [...]

Holidays for 2021 as Amended by Proclamation No. 1017

Holidays for the year 2021 were originally proclaimed through Proclamation No. 986 issued on 20 July 2020. However, it was amended by  Proclamation No. 1107, issued on 26 February 2021. Thus, below is the PDF version of Proclamation No. 1107 (Original File not mine): Proclamation 1107 Amending 2021 Holidays

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule. This means that when there is doubt as to propriety on the use of [...]

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