labor Archives - Page 14 of 18 - LVS Rich Publishing

02 Mar

Loss of Trust and Confidence: The Nature of Work and not Job Title is Material in Determining the Trust Reposed

Loss of trust and confidence is a ground for dismissal from employment. The Nature of work is an important determining factor in illegal dismissal cases involving loss of trust and confidence or willful breach of trust. In the case of JR Hauling Services vs. Solamo (G.R. No. 214294, September 30, 2020), the employees were charged of selling the broilers and broiler crates without the authority of the owner. In response to the administrative charge, the employees contend that they were drivers/helpers [...]

By Atty Elvin Labor Law atty. elvin, dismissal, job title, Just Cause, labor, Labor Code, loss of trust, nature of work, termination, willful breach 18 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 14 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 20 Comments Read more...

14 Feb

Wrongful Intent is Required for Dismissal Due to Transgression of a Rule or Serious Misconduct

In termination cases, the burden of proof rests upon the employer to show that the dismissal is for a just and valid cause. Failure to do so would necessarily mean that the dismissal was illegal. For this purpose, the employer must present substantial evidence to prove the legality of the employee’s dismissal. Substantial evidence is defined as “such amount of relevant evidence which a reasonable mind might accept as adequate to justify a conclusion.” The Supreme Court, in the case [...]

By Atty Elvin Labor Law atty. elvin, discipline, dismissal, employee, employer, gross and habitual neglect of duty, Illegal dismissal, labor, Labor Code, Serious Misconduct, wrongful intent 16 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 16 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 19 Comments Read more...

10 Feb

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 unjustly [...]

By Atty Elvin Labor Law atty. elvin, burden, burden of proof, dismissal, employee, employer, Employer-employee, employment, Illegal dismissal, Just Cause, labor, Labor Code 18 Comments Read more...

31 Jan

How to Compute Holiday Pay on Chinese New Year 2022 and EDSA Anniversary 2022

Chinese New Year Day was declared as one of the special days in Proclamation 1236 declaring 1 February 2022 (Tuesday) as Special (Non-Working) Day. Further, 25 February 2022 (Friday) was declared also declared as special non-working day. PDF Copy of Proclamation 1236 is available here (original file not mine). On 26 January 2022, the Department of Labor and Employment (DOLE) issued Labor Advisory 03, Series of 2022 providing rules for pay for the special (Non-Working) Day on 1 February 2022 being [...]

By Atty Elvin Labor Law atty. elvin, benefits, chinese new year, compensation, compensation and benefits, EDSA, employee, employer, holiday, labor, Labor Code, special day, special non-working day 20 Comments Read more...

31 Jan

Proclamation 1236 Provides List of 2022 Holidays

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Proclamation 1236 was issued providing for the list of holidays for the year 2022. Below is a copy of the PDF of the proclamation (original file not mine):

By Atty Elvin Uncategorized atty. elvin, benefits, compensation, holiday, labor, Labor Code, Proclamation 74 Comments Read more...

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