labor Archives - Page 12 of 18 - LVS Rich Publishing

05 May

Insubordination and Compliance with Lawful Orders of Employer

It may dawn upon an employee who does not want to comply with an order to file a case questioning its validity thinking that his filing will give him an excuse not to follow such command. The Supreme Court ruled that it would be dangerous doctrine indeed to allow employees to refuse to comply with rules and regulations, policies and procedures laid down by their employer by the simple expedient of formally challenging their reasonableness or the motives which inspired [...]

By Atty Elvin Labor Law atty. elvin, dismissal, insubordination, Just Cause, labor, Labor Code, labor law, lawful order, substantive due process, termination, willful disobedience 0 Comments Read more...

04 May

Sexual Harassment in a Nutshell

Republic Act 7877 or the “Anti-Sexual Harassment Act of 1995” governs the cases of sexual harassment. In section 3 of the law, it provides that: “Section 3. Work, Education or Training- Related, Sexual Harassment Defined.—Work, education or training-related sexual harassment is commit ted by an employer, employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, [...]

By Atty Elvin Labor Law atty. elvin, employee discipline, Just Cause, labor, Labor Code, labor law, Serious Misconduct, Sexual harassment, substantive due process 0 Comments Read more...

02 May

Specific Instances Constituting Serious Misconduct

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, employee discipline, employer, Just Cause, labor, Labor Code, labor law, Serious Misconduct, substantive due process, termination 0 Comments Read more...

01 May

Labor Day (May 1, 2022) Regular Holiday Pay Rules

Labor Day, May 1, 2022 is one of the regular holidays throughout the country. Proclamation No. 1236 issued on 29 October 2021 declared, among others, declared 1 May 2021 (Sunday) as regular holiday. View the PDF copies of Proclamation No. 1236 (original file not mine). The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) No. 11, Series of 2022 governing the rules on payment for this holiday. View the PDF copy of Labor Advisory No. 11, Series of 2022 (original file [...]

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, labor, Labor Code, labor day, labor law, regular holiday 0 Comments Read more...

25 Apr

Breach of Trust is a Factual Issue

Breach trust must be proven as a fact. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of trust and confidence. While it is true that loss of trust and confidence is a just cause for termination, it must not be simulated or concocted but must be supported by substantial evidence. The evidence must be substantial [...]

By Atty Elvin Labor Law atty. elvin, breach of trust, dismissal, Just Cause, labor, Labor Code, labor law, loss of trust and confidence, termination, willful breach of trust 20 Comments Read more...

08 Apr

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. [...]

By Atty Elvin Labor Law atty. elvin, constructive dismissal, dismissal, employee, employer, employment, Just Cause, labor, Labor Code, management prerogative 16 Comments Read more...

28 Mar

Employee Termination Based on Form of Employment

Termination of employee depends on the form of employment. Just cause or authorized cause as ground for dismissal is the only blanket ground applicable to all forms. Hence, to terminate employee, it can be argued that there are two main classifications of grounds: Just Cause / Authorized Cause Peculiar cause provided in the nature of employment and terms of contract For just cause or authorized cause, the law is clear since these are provided under Articles 297, 298, and 299, respectively. For the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, benefits, casual, compensation, compensation and benefits, dismissal, fixed-term, Just Cause, labor, Labor Code, labor law, probationary, project, seasonal, termination 16 Comments Read more...

26 Mar

Employee Termination Notice as Part of Procedural Due Process

Employee termination notice is mandatory as part of the procedural due process in employee dismissal. As opposed to substantive due process, procedural due process pertains to the procedure involved. Hence, after determining that termination of employment is justified, the employers shall serve the employees a written notice of termination indicating that: (1) all circumstances involving the charge against the employees have been considered; and (2) grounds have been established to justify the severance of their employment. (King of Kings Transport, [...]

By Atty Elvin Labor Law atty. elvin, dismissal, due process, labor, Labor Code, procedural due process, termination 11 Comments Read more...

21 Mar

Hearing to Employee is not Required for Termination if so Stipulated in Certain Forms of Employment

As a general rule, hearing is mandatory for termination of employees for just cause where it is provided in the policy or requested in writing. It is part of the procedural due process required by law. It belongs to the twin requirements doctrine. However, termination of employment not due to just cause has a different requirement. There are certain forms of employment where such hearing is not anymore required in termination as there is already a stipulation in the employment [...]

By Atty Elvin Labor Law atty. elvin, due process, employee, employer, labor, Labor Code, labor law, procedural due process 23 Comments Read more...

18 Mar

Counsel may Assist the Employee in a Hearing or Conference if the Latter Desires as part of Due Process

If a hearing or conference would be held in an employee dismissal, the employee may request to bring a counsel in such proceeding. This seems to be an optional requirement at the in- stance of the employee. In the dismissal of an employee, a hearing or conference must be held during which the employee concerned, with the assistance of counsel if the employee so desires, is given opportunity to respond to the charge, present his evidence or rebut the evidence [...]

By Atty Elvin Labor Law administrative hearing, atty. elvin, counsel, dismissal, due process, Hearing or Conference, Just Cause, labor, Labor Code, labor law, procedural due process, termination 11 Comments Read more...

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