Notice: Membership has been transferred to our YouTube channel. More info: HERE.
FAQ: Independent Contractor – Individuals
Independent contractors are individuals who offer their services for a fee to a client/principal in the form of a business
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
Gross and habitual neglect of duty
1. Summary ▪ To be valid, the just cause of gross and habitual neglect of duty should comply with prescribed
Featured Articles
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
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
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement
Validity of non-compete clauses
May employees be prohibited from joining direct competitors? Let’s discuss.
“Ghosting coasting” employees
“Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for
Labor Standards
Holiday Pay
Summary ▪ Holiday pay is a 100% additional pay during a regular holiday. ▪ If no work is done on
Labor Standards
Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases,
Cases: Service incentive leave
These are the related Labor Law Cases or Jurisprudence. 1. Covered employees a. Covered employees 1) Rank-and-file employees Ramil v.
Due Process
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
DOLE: Covid-19 positive workers cannot be ordered to report for work
The start of 2022 saw the Philippines with record-breaking numbers of people testing positive for Covid-19 due to the local
Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement
Pre- and Post- Employment
Labor Relations
Private Security
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
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
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
DO-174 Contracting
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
Contractor’s employees
Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
Overseas Employment
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.
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.,
Management Prerogative
Lay-off and recall of employees
1. Summary ▪ Lay-off and recall of employees are included in management prerogative. ▪ Lay-off may be temporary or permanent.
Transfer of Employees
1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪
Retraction letter
Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal
Podcasts & YouTube videos
YouTube Channel
Subscribe: youtube.com/c/LaborLawPH
Weekly content uploaded to our YouTube channel.