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
Company practice
1. Concept As a rule, “practice” or “custom” is not a source of a legally demandable or enforceable right. In labor cases, however, benefits which
Security guard signs a pro-forma resignation letter with quitclaim
The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were

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

“Ghosting coasting” employees
“Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for work. These employees may be

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.

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

Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu

4-day workweek: How to implement
With the rising prices of gas and the still ongoing pandemic, there is clamor from many sectors for the adoption of a 4-day workweek –
Labor Standards

13th Month Pay
13th month pay is provided to covered rank-and-file employees who have rendered at least one (1) month of service.

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.

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

Disease
Summary ▪ Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within six (6) months as certified

Extra-Marital Affair as Termination Ground?
Employers sometimes learn of extra-marital affairs or marriage infidelity of their employees. Is this a termination ground? Let’s discuss.

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
Pre- and Post- Employment
Labor Relations

Right to security of tenure, Private Security
1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their

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

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

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
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

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

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: 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

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

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
Management Prerogative

Bonus or special incentive
A bonus is a gratuity or act of liberality of the giver which the recipient has no right to demand as a matter of right.

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 leave credits to a cause

Lay-off and recall of employees
Lay-off and recall of employees are included in the employer’s management prerogative. Lay-off may be temporary or permanent.Recall of employees apply only to temporarily laid-off
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