Redundancy Archives - Page 2 of 2

14 Mar

Procedural Due Process for Authorized Cause

Procedural due process is also required for termination due to authorized cause. For termination based on authorized causes, that is, retrenchment, redundancy, etc., under Article 298 of the Labor Code, as amended, the due process is deemed complied with upon the service of a written notice as follows: Notice to the employee (at least 30 days before the effectivity thereof); and Notice to the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty (30) days before the [...]

By Atty Elvin Labor Law atty. elvin, Authorized Cause, due process, installation of labor saving, labor, Labor Code, labor law, procedural due process, Redundancy, Retrenchment 11 Comments Read more...

08 Sep

Redundancy Due to Abolition of Position During COVID-19 Pandemic

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufacture or undertaken by the enterprise. (See page 221, [...]

By Atty Elvin Labor Law Redundancy 12 Comments Read more...

12 Jul

Redundancy Exists When an Employee’s Services are in Excess of What is Reasonably Demanded by the Enterprise

By Atty Elvin Labor Law Redundancy 16 Comments Read more...

06 May

Garden Leave is Valid Under Philippine Law

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate Garden leave is the practice of the employer directing an employee not to attend work during the period of notice of resignation or termination of the employment is colloquially known as “garden leave” or “gardening leave.” The employee might be given no work or limited duties, or be required to be available during the notice period to, for example, assist with the completion of [...]

By Atty Elvin Labor Law Garden leave, Redundancy 15 Comments Read more...

12 Dec

Redundancy vs. Retrenchment

Redundancy exists where the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise. Succinctly put, a position is redundant where it is superfluous, and superfluity of a position or positions may be the outcome of a number of factors, such as over hiring of workers, decreased volume of business, or dropping of a particular product line or service activity previously manufactured or undertaken by the enterprise. (page 221, Guide [...]

By Atty Elvin Labor Law Redundancy, Retrenchment 20 Comments Read more...

22 May

Redundancy Requires Good Faith in the Exercise of Prerogative

Redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise. For the implementation of a redundancy program to be valid, the employer must comply with the following requisites: (See page 172, Guide to Valid Dismissal of Employees, 2nd Edition) Written notice served on both the employees and the Department of Labor and Employment at least one month prior to the intended date of [...]