FAQ: Night shift differential pay

The following are the most frequently asked questions and their answers. 1) What is the difference between night shift differential pay and night shift pay?

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Explainer: Illegal dismissal

Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result

No at-will employment

At-will employment is neither recognized nor permitted under Philippine Labor Law. What is at-will employment? At-Will employment is when an employer may terminate employment at

Quitclaims, waivers, and releases

Quitclaims, waivers, releases (collectively referred herein as “quitclaims”) are legal documents signed by employees who absolve their employees from any and all liability

Key Topics

Labor Standards

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.

Solo Parent Leave

Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work.

Due Process

Exemplary damages

Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded,

Social Justice in Labor Law

Labor law is founded on social justice. What is social justice in Labor Law? In the context of labor and employment, social justice ensures that

Regulated Industries

Private Security

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

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,

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

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the

DO-174 Semi-Annual Reports

Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017

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

Overseas Employment

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

Overseas Filipino Workers (OFWs)

1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated

Employer's Rights

Management Prerogative

Work assignments

Work assignments refer to the work-related tasks, duties, and responsibilities.

FAQ: Management prerogative

Management prerogative is the bundle of rights inherent to the employer who gets to decide all aspects of employment, from pre-employment to post-employment, unless limited

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