Computation of night shift differential pay
The night shift differential pay is at 20% for those in the Government Service, while 10% for those in the private sector. 1. Computation These
Working conditions
Working conditions refer to the environment and terms/conditions of employment. 1. Coverage The provisions of [herein] shall apply to employees (“covered employees”) in all establishments
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,
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
Critical workdays after holidays
.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law. ▪ Holiday pay is a
No extension of probationary employment
Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
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
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
Validity of Non-Compete Clauses
May employees be prohibited from joining direct competitors? Let’s discuss.
Labor Standards
Maternity Leave
Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
VAWC Leave
VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
Multiple Employment
Due to the pandemic, many are forced to look for other sources of income. These usually come in the form of having another job. The
Due Process
Compressed Workweek Report
Summary The employer shall notify DOLE of the adoption of any of the above flexible work arrangements. Applicable laws, regulations DOLE Labor Advisory No. 4,
13th Month Pay Report
Summary Every covered employer is required to make a report of the establishment’s compliance with the 13th Month Pay Law to the nearest Regional Office
Loss of trust and confidence
Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article
Pre- and Post- Employment
Labor Relations
SSC/PSA Responsibilities and Liabilities, Private Security
1. Solidary Liability and Responsibilities The Security Service Contractor / Private Security Agency (SSC/PSA) and its principal or client shall be jointly and solidarily liable
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,
Employment terms and conditions, Private Security
1. Employer-employee relationship The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on
DO-174 Contracting
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
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
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main
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
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
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
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
Management Prerogative
Work Supervision
1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers
Cases: Management Prerogative
Labor jurisprudence on management prerogative
FAQ: Management prerogative
What is management prerogative? Management prerogative is the bundle of rights inherent to the employer who gets to decide all aspects of employment, from pre-employment
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