Labor Code Archives - Page 17 of 20

29 Aug

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employees who have sexual intercourse inside company premises can be validly terminated. In the case of Imasen Philippine Manufacturing Corporation vs. Alcon and Papa (G.R. No. 194884, October 22, 2014), two employees were caught having sexual intercourse on the factory floor. The employees involved in such case were hired as welders. On October 5, 2002, Ramoncito Alcon and Joann Papa reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, immorality, labor, Labor Code, labor law, management prerogative, Serious Misconduct, sexual intercourse 16 Comments Read more...

23 Aug

How to Compute Holiday Pay on Ninoy Aquino Day 2021

Ninoy Aquino Day is one of the special days provided under R.A. 9492 which amended Section 26, Chapter 7, Book 1 of Executive Order No. 292, as amended, otherwise known as the Administrative Code of 1987. On 20 July 2020, the Malacañang issued Proclamation 986, as amended by Proclamation No. 1107, declaring 21 August 2021 (Saturday) as Special (Non-Working) Day. See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). Hence, on 25 August 2021 the Department [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, Labor Code, labor law, ninoy aquino, special day 27 Comments Read more...

11 Aug

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 [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, delivery riders, economic reality test, employee, employer, Employer-employee, labor, Labor Code, labor law, power of control 19 Comments Read more...

08 Aug

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 for [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employment, labor, Labor Code 19 Comments Read more...

04 Aug

Filing of Papers Before the Labor Arbiter is Suspended During ECQ in NCR

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate The National Labor Relations Commission (NLRC) suspended the filing of pleadings before the Labor Arbiter or those under the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). The NLRC issued Advisory No. 14, dated 2 August 2021 providing rules to govern the Regional Arbitration Branches (RAB) and Sub-RABs in areas under Enhanced Community Quarantine (ECQ). Since the National Capital Region [...]

By Atty Elvin Labor Law atty. elvin, ECQ, Labor Arbiter, Labor Code, labor law, nlrc, Position Paper, Reglementary Period 18 Comments Read more...

03 Aug

Elements of Employer-Employee Relationship Crucial in Determining Entitlement to Benefits of Delivery or Courier Riders

Employer-employee relationship will be the gauge in determining entitlement to labor Labor Standards benefits. The labor implications have been expected of the relationship between delivery or couriers riders and the company they deal with. On 23 July 2021, the Department of Labor and Employment (DOLE) issued Labor Advisory 14, Series of 2021 intending to shed light on the relationship between the parties. The Labor Advisory does not mandate that this arrangement has automatically created employer-employee relationship. It primarily provides the test [...]

By Atty Elvin Labor Law atty. elvin, Employer-employee, labor, Labor Code, labor law 13 Comments Read more...

19 Jul

Holiday Pay Sample Computation for Eid’l Adha (20 July 2021)

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 986 issued on 20 July 2020, as amended by Proclamation No. 1107, issued on 26 February 2021, declared, among others, Eid’l Adha as a national holiday. See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). The tenth day of Zhul Hijja, the twelfth month of the Islamic Calendar, was hereby declared as a national holiday for the observance of Eid’l Adha. Ed’l Adha is [...]

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l adha, holiday, holiday pay, Labor Code, labor law, regular holiday 16 Comments Read more...

19 Jul

Proclamation 1189 Declaring 20 July 2021 as Eid’l Adha Holiday

Proclamation No. 986 issued on 20 July 2020, as amended by Proclamation No. 1107, issued on 26 February 2021, declared, among others, Eid’l Adha as a national holiday. See PDF Copy of Proclamation No. 986 and Proclamation No. 1107 (Original Files not mine). The tenth day of Zhul Hijja, the twelfth month of the Islamic Calendar, was hereby declared as a national holiday for the observance of Eid’l Adha. Ed’l Adha is a tenth day in the month of Hajj or [...]

By Atty Elvin Labor Law atty. elvin, compensation and benefits, eid'l adha, holiday, Labor Code, labor law, Proclamation, regular holiday 20 Comments Read more...

15 Jul

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 [...]

By Atty Elvin Labor Law atty. elvin, employee, employer, labor, Labor Code, Non-Compete Clause 16 Comments Read more...

28 Jun

Reckless Imprudence Committed by Drivers of Company Vehicle as Ground for Discipline

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Reckless imprudence is a form of negligence. It connotes lack of foresight or lack of skill. For instance, a company driver who operates the vehicle and gets involved in a collision with another vehicle. This may result in death of the other driver and/or damage to the other vehicle. In such case, can the company hold the driver of its vehicle liable? More specifically, can [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, employee dismissal, labor, Labor Code 19 Comments Read more...

Tag - Labor Code