labor law Archives - Page 15 of 18

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 16 Comments Read more...

27 Feb

Affidavits in Labor Cases are not Hearsay for Having been taken Ex-Parte

Affidavits in labor cases are usually executed without the affiant being subject to cross-examination. The question is, without such cross-examination is the affidavit admissible in evidence? The Supreme Court (SC), in the case of JR Hauling Services vs. Solamo, (G.R. No. 214294, September 30, 2020), held that such affidavit is admissible. According to the SC, the argument that the affidavits are hearsay for having been taken ex parte i.e., that the affiants were not presented for cross-examination, does not persuade the [...]

By Atty Elvin Labor Law affidavit, atty. elvin, dismissal, labor, Labor Code, labor law, nlrc 22 Comments Read more...

22 Feb

How to Determine the Correct Employment Contract for Employees

Employment laws in the Philippines are technical in nature, especially those governing the employment contracts for various nature of services. Many employers make the mistake of adopting the wrong contract. This is probably due to lack of knowledge of the concept, nature, and scope of each type of employment agreement. Sadly, the mistake committed can be costly which can even amount to millions of Pesos in backwages, damages, attorney’s fees, etc. Hence, it is a prudent action on the part of [...]

By Atty Elvin Labor Law atty. elvin, employment contract, labor, Labor Code, labor law 16 Comments Read more...

14 Feb

Labor Advisory 4, Series of 2022 on Rules of Pay for Employees who Accompany Children for Vaccination

On 10 February 2022 the Department of Labor and Employment (DOLE) issued Labor Advisory 4, Series of 2022 providing for rules of pay for employees who would be absent to accompany their children for vaccination. Below is the PDF Copy of the Labor Advisory 4, Series of 2022 (original file not mine) This was issued in support of the government’s implementation of the Bayanihan, Bakunahan COVID-19 Vaccination Days (NVD) Part III for the period February 10 to 11, 2022. This rule applies [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, labor, Labor Code, labor law, leave credits, vaccination 22 Comments Read more...

13 Feb

Is it Really Easy to Terminate Managerial Employees?

It has been a common impression that managerial employees are easy to terminate. The cause of this view is the concept of loss of trust and confidence or willful breach of trust under Article 297 of the Labor Code, as amended. While an employer has its own interest to protect, and pursuant thereto, it may terminate a managerial employee for a just cause, such prerogative to dismiss or lay off an employee must be exercised without abuse of discretion. Its [...]

By Atty Elvin Labor Law atty. elvin, dismissal, Just Cause, labor, labor law, loss of trust and confidence, managerial employee, terminate 22 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 22 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 17 Comments Read more...

20 Jan

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):

By Atty Elvin Labor Law COVID-19, DOLE, employee, employer, isolation, labor, Labor Advisory, Labor Code, labor law, leave benefits, quarantine 23 Comments Read more...

25 Dec

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):

By Atty Elvin Labor Law atty. elvin, compensation and benefits, employee, employer, holiday, Labor Code, labor law 13 Comments Read more...

09 Dec

How to Compute Special Day Pay for December 8, 2021 Holiday

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 last day of the year obviously falling on December 31. On December 28, 2017, R.A. 10966 was declared as a special non-working holiday in the entire country to commemorate the Feast of Immaculate Concepcion of Mary. On 30 July 2020, Proclamation No. 986 was issued by Malacañang providing the list of regular holidays and special days for [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, holiday pay, labor, Labor Code, labor law, mama Mary birthday, special day 15 Comments Read more...

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