Masterclass: Management Prerogative (2023)

Other Causes by DOLE

DOLE D.O. 147-15 recognizes “Other Causes” as grounds for employee termination under Rule I-A, viz: “Section 6. Other Causes of Termination. In addition to Section

Commission of a Crime

1. Concept “Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or

Primer: Anti-Sexual Harassment Act

Summary ▪ Sexual harassment may be committed in a work-related/employment environment or in an education/training environment. ▪ The offender may be one who has authority,

Labor Standards

Workers paid by results

1. Summary ▪ Workers paid by results are those whose pay is calculated in terms of the quantity or quality of their work output. ▪

Cases: Holiday pay

1. Covered and excluded Clientlogic Philippines, Inc. v. Castro G.R. No. 186070, 11 April 2011 [RESOLUTION] [The employers] argue in the main that, as a

Overtime Pay

Overtime pay is an additional pay provided to a covered employee who has rendered overtime work.

Due Process

Cases: Fraud

1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial

Installation of labor-saving devices

Summary ▪ To be valid, the authorized cause of installation of labor-saving devices should comply with prescribed standards. 1. Concept The installation of labor-saving devices

Redundancy

Summary ⦁ Redundancy occurs when two or more employees are performing the same work and/or producing the same outputs. ⦁ To be valid, the authorized

Private Security

Duty detail order, Private Security

1. Concept Duty Detail Order – refers to a written order/schedule/assignment issued to a security guard and other private security personnel by a superior officer,

Contractor’s employees

Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the

Statutory benefits, Private Security

1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours,

Labor-only Contracting

Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All

DO-174 Contracting

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job

Job Contracting and Subcontracting

Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed

Contractor’s employees

Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the

Labor-only Contracting

Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All

Overseas Employment

Cases: Sea-based workers, seafarers, mariners, ocean-going OFWs

1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19

Cases: OFWs dismissed from work

1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas

Ban on direct-hiring for overseas employment 101

Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under