labor Archives - Page 16 of 18 - LVS Rich Publishing

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...

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...

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...

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...

13 Jun

Holiday Pay Rules and Exemption, with Sample Computation for Independence Day Holiday June 12, 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Holiday pay should be paid accordingly, particularly the regular holiday. On 20 July 2020 Proclamation No. 986 was issued, as amended by Proclamation No. 1107, issued on 26 February 2021, declaring, among others, June 12, 2021 (Saturday) as a regular holiday nationwide. See PDF copy of Proclamation No. 986 and Proclamation No. 1107 here. On 11 June 2021, the Department of Labor and Employment (DOLE) [...]

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

13 Jun

Proclamation No. 1107 Lists Holidays that are Special Working and Non-Working for the Year 2021

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate On 30 July 2020, Proclamation No. 986 was issued by Malacañang providing the list of regular holidays and special days for the year 2021. Special days are non-working under such proclamation. It also provides for two (2) additional special non-working days. Specifically, All Soul’s Day, falling on 2 November 2021 and Christmas Eve on 24 December 2021 were added as special non-working days. This [...]

By Atty Elvin Labor Law holidays, labor, Labor Code, labor law, Proclamation, regular holidays, special days 29 Comments Read more...

13 Jun

Labor Advisory on Independence Day Holiday Pay June 12, 2021 PDF

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate On 20 July 2020 Proclamation No. 986 was issued, as amended by Proclamation No. 1107, issued on 26 February 2021, declaring, among others, June 12, 2021 (Saturday) as a regular holiday nationwide. See PDF copy of Proclamation No. 986 and Proclamation No. 1107 here (original copies not mine). See below as well Labor Advisory 12, Series of 2021 (Original file not mine):

By Atty Elvin Labor Law atty. elvin, benefits, compensation, compensation and benefits, holiday pay, Independence day, labor, Labor Advisory, Labor Code, labor law, regular holiday 13 Comments Read more...

12 Jun

Evidence Management in Company Investigation

Evidence is one of the crucial items needed in establishing a case involving violation of company rules and regulations. Considering that evidence is usually a tangible thing it can also be lost on account of being tampered or destroyed. By the time that the company needs the evidence to support its position it is not available anymore. So, what should the company do to preserve the evidence once there is an act warranting company investigation? Depending on the nature of violation [...]

By Atty Elvin Labor Law actual dismissal, atty. elvin, constructive dismissal, DOLE, Illegal dismissal, labor, labor case, Labor Code, Money claims, nlrc, RFA, SEnA 16 Comments Read more...

Tag - labor