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?
Waiver of holiday pay – Video
Is it possible and legal to waive holiday pay? Let’s discuss.
Counting 30-day Render for Resignation
How do you count the 30 days for purposes of resignation? Let’s discuss.

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

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

Validity of Non-Compete Clauses
May employees be prohibited from joining direct competitors? Let’s discuss.

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.

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
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,

Schemes Adopted during Period of Economic Difficulties Report
Summary Employers adopting flexible work arrangements, including schemes adopted during period of economic difficulties, are required to submit a report to DOLE. Applicable laws, regulations

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
Pre- and Post- Employment
Labor Relations

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

SSC/PSA Service Agreements, Private Security
1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms

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

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: 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

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

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
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

Mandatory Workplace Policies and Programs
Summary ▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the
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