Voluntary Arbitrators
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators
Employer doing unethical / illegal business
A new-hire employee is in a dilemma after learning that the employer is doing an unethical or illegal business. What
Willful disobedience
1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is
Featured Articles
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
Critical workdays after holidays
.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law.
“Ghosting coasting” employees
“Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
Validity of non-compete clauses
May employees be prohibited from joining direct competitors? 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.
Labor Standards
Waiver of holiday pay – Video
Is it possible and legal to waive holiday pay? Let’s discuss.
Premium Pay
Premium pay is an additional pay for work rendered on a rest day or a special non-working day. Summary ▪
Cases: Premium pay
The following are the related or relevant Labor Law Cases or Jurisprudence on the topic. 1) Covered and excluded employees
Due Process
Fraud
1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of
Authorized Causes
Authorized cause refer to “those instances enumerated under Articles 298 [Closure of Establishment and Reduction of Personnel] and 299 [Disease
Cases: Commission of a Crime
1. Due process despite crime Commission of a crime does not do away with due process. When an employee physically
Pre- and Post- Employment
Medical representative tricked into resigning and signing a quitclaim
Project Employment Contract
Email as employment contract: Is it valid under PH Labor Law
Publication of separated employees
Certificate of employment
Non-Compete Clause
Labor Relations
CBA terms
Certification election
Duty to bargain
Legitimate labor organizations
Right to self-organization
Procedure in collective bargaining
Private Security
SSC/PSA Service Agreements (Private Security)
1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security
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
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Contractor’s employees
Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s
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
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
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who
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.,
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.
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.
Management Prerogative
Digest: Inocente v. St. Vincent Foundation for Children and Aging, Inc. (2016)
Inocente v. St. Vincent Foundation for Children and Aging, Inc.G.R. No. 202621, 22 June 2016 [The employer] St. Vincent Foundation
Mandatory Workplace Policies and Programs
Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and
Policy on donating leave credits
Is it valid if an employer comes out with a policy allowing employees to donate the cash equivalent of their
Podcasts & YouTube videos
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Authorized Causes
College dean loses benefits and privileges after transfer
Lawyer’s transfer attended with bad faith
Reinstatement
No work, no pay
Compressed Workweek
Management Prerogative
Serious misconduct
Due Process in Labor Law
Radiobroadcaster challenges quitclaim after receiving payment
Legitimate labor organizations
Supervisory Employees
Commission of a crime
Job Contracting and Subcontracting
National Conciliation and Mediation Board
Schemes Adopted during Period of Economic Difficulties Report
Other causes by DOLE
Field Personnel
Refusing training bond – insubordination?
Requiring Covid-19 positive employees to report for work?
Gross and Habitual Neglect of Duty
FAQ: Management prerogative
Primer: Anti-Sexual Harassment Act
Labor organizations
