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Tag - labor law

04 Sep

No-Spouse Employment Policy that is Discriminatory is Illegal

One Network Bank, Inc. hired Catherine as an Accounting Specialist.On May 1, 2006, it implemented what it called an “Exogamy Policy,” which stated: Effective May 1, 2006, when two employees working for One Network Bank are subsequently married through Church or Civil Court rites, one must terminate employment immediately after marriage. This policy shall not affect co-employees of the bank who are already married to each other as of the end of April 2006. On October 31, 2009, Catherine married her co-worker, [...]

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01 Sep

Holiday Pay Sample Computation for 2022 National Heroes Day Using New NCR Minimum of P570

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 29 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 1236 (Original File not mine). Hence, on 25 August 2021 the Department of Labor and Employment (DOLE) issued Labor Advisory 16, Series of 2022 on the computation of pay during this regular holiday. Thus, [...]

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30 Aug

Retrenchment of Employees and Criteria Employed

Retrenchment is the termination of employment effected by management during periods of business recession, industrial depression, seasonal fluctuations, lack of work or considerable reduction in the volume of the employer’s business. Resorted to by an employer to avoid or minimize business losses. It is a reduction in manpower, a measure utilized by an employer to minimize business losses incurred in the operation of its business. (Philippine Carpet Employees Association [PHILCEA] vs. Hon. Sto. Tomas, G.R. No. 168719, February 22, 2006) Retrenchment [...]

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25 Aug

Rules on Pay During Weather Disturbances 2022

On 23 August 2022, the Malacanang issued an order suspending work in the government offices and school activities for from 23 August 2022 to 24 August 2022. This was due to the inclement weather. Accordingly, the Department of Labor and Employment (DOLE) issued a Labor Advisory providing the rules of pay during weather disturbances. Notably, employees shall not be held administratively liable for not reporting for work in the event if imminent danger resulting from weather disturbances. Below is the PDF copy [...]

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12 Jul

Venue in Labor Cases, in which Place should Labor Cases be Filed

Venue in labor cases means the place, city, or location where the case should be filed. This is governed by the rules on venue under Rule IV of the 2011 NLRC Rules of Procedure, as amended. All cases which Labor Arbiters have authority to hear and decide may be filed in the Regional Arbitration Branch (RAB) having jurisdiction over the workplace of the complainant or petitioner. For purposes of venue, the workplace shall be understood as the place or locality where [...]

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10 Jul

Solidary Liability of Owners in Labor Cases

In case of dismissals, directors and officers of corporations may only be held solidarily liable with the corporation if they acted in bad faith or with malice. In Mandaue Dinghow Dimsum House, Co., Inc. vs. National Labor Relations Commission[ 571 Phil. 108 (2008)], the Supreme Court (SC) held that a corporation is invested by law with a personality separate and distinct from those of the persons composing it as well as from that of any other legal entity to which [...]

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09 Jul

Resigned Employees are not Entitled to Separation Pay

Resignation is provided under Art. 300 of the Labor Code. There is nothing in such article that mandates the payment of separation pay to resigned employee. In a case of Italkarat 18, Inc. vs. Gerasmio, (G.R. No. 221411, September 28, 2020), the Supreme Court held that as a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of [...]

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06 Jul

Claim of Involuntariness in Employee Resignation

Resignation is one of the rights granted to employees under Article 300 of the Labor Code, as amended. In the case of Italkarat 18, Inc. vs. Gerasmio (G.R. No. 221411, September 28, 2020), the Supreme Court (SC) held that records are bereft of substantial evidence that will unmistakably establish a case of constructive dismissal. An act, to be considered as amounting to constructive dismissal, must be a display of utter discrimination or insensibility on the part of the employer so intense [...]

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04 Jul

Notes on Bona Fide Suspension of Operations and Extension

Below is a quick guide on doctrines, rules, and principles governing the bonafide suspension of operations and its extension per D.O. 215, Series of 2020. This is useful in refreshing the concepts and rules involved: For full discussion on this matter, read here. Terminologies used: Temporary off-detail; Temporary layoff; bonafide suspension of operations Period not exceeding six months So before 6 months, Employer (ER) has to decide whether to Resume or to Close If ER Resumes Reinstate without loss of seniority rights if Employee (EE) indicates [...]

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