management prerogative Archives - LVS Rich Publishing

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. [...]

01 Dec

Employers Can Require On-Site Employees to Get Vaccinated; Sample Forms and Templates for Implementation

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Previously, the position of the government was to prohibit employers from requiring vaccination of their employees. However, the interest of public safety against COVID-19 seems to be the utmost concern considering the far-reaching impact of the pandemic to health, economy, and other facets of life. On 11 November 2021, the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution N0. 148-B, [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employer, labor, Labor Code, management prerogative, vaccination 16 Comments Read more...

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 13 Comments Read more...

24 Feb

Employee Vaccination Consent for COVID-19 Template

Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer. The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them. The State is further mandated under Article XIII, Section 11 [...]

By Atty Elvin Labor Law atty. elvin, COVID-19, employee, employer, management prerogative, vaccine 15 Comments Read more...

09 Feb

Transfer of Employee Done in Good Faith is not Illegal Even if Costly and Inconvenient

Transfer of employees is one of the management prerogatives. The employer has the prerogative of making transfers and reassignment of employees to meet the requirements of the business. Since the employees are viewed as having no vested rights over the position, the employer can transfer them whenever the exigencies of business require it. In a number of cases, the Court has recognized and upheld the prerogative of management to transfer an employee from one office to another within the business establishment [...]

By Atty Elvin Labor Law atty. elvin, employee, employee transfer, employer, labor, Labor Code, management prerogative, transfer 27 Comments Read more...

22 Feb

LIMITATIONS OF MANAGEMENT PREROGATIVES

As a matter of general principle, the Court upholds these management prerogatives so long as they are exercised in good faith for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees under special laws and valid agreements. As long as the company’s exercise of management prerogatives is in good faith in order to advance its interests and not for the purpose of defeating or circumventing the rights of the [...]

By Atty Elvin Labor Law cba, code of discipline, collective bargaining agreement, company policy, employment agreement, good faith, limitations, management prerogative, penalties, policy, prerogative to discipline 14 Comments Read more...

22 Feb

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS

While the 1987 Constitution and the Labor Code do not have an equivalent provision expressly upholding the rights of employer, several decisions of the Supreme Court recognize employer’s rights as well. These rights are contained in management prerogative. While the State affords the constitutional blanket of rendering protection to labor, it must also protect the right of employers to exercise what are clearly management prerogatives, so long as the exercise is without abuse of discretion. Courts often decline to interfere in [...]

By Atty Elvin Labor Law discipline, dismissal, employer prerogative, loss of trust and confidence, management prerogative, penalties, policies, rules and regulations, supersedeas bond, termination, valid dismissal 32 Comments Read more...

Tag - management prerogative

Constructive Dismissal

Employers Can Require On-Site Employees to Get Vaccinated; Sample Forms and Templates for Implementation

Employees can be Validly Terminated for Having Sexual Intercourse Inside Company Premises

Employee Vaccination Consent for COVID-19 Template

Transfer of Employee Done in Good Faith is not Illegal Even if Costly and Inconvenient

LIMITATIONS OF MANAGEMENT PREROGATIVES

EMPLOYER’S MANAGEMENT PREROGATIVE AND THE BASES OF RIGHTS