Labor Law
PH
Labor Standards
Service Incentive Leave
Service incentive leaves are leave credits extended to covered employees who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
Cases: 13th month pay
1. Kinds of employees a. Rank-and-file employees Ramil v. Stoneleaf, Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] [The employee was hired as a Spa
Holiday Pay
Holiday pay is a an additional pay provided to a covered employee during regular holidays.
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?
Cases: Special leave for women under R.A. 9710
1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then
Overtime Pay
Overtime pay is an additional pay provided to a covered employee who has rendered overtime work.
Due Process
Cases: Fraud
1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial
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
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,
Other Causes by DOLE
DOLE D.O. 147-15 recognizes “Other Causes” as grounds for employee termination under Rule I-A, viz: “Section 6. Other Causes of Termination. In addition to Section
Due Process in Labor Law
Summary ▪ Due process implements the constitutional provisions on security of tenure. ▪ It is about complying with the substantive due process and procedural due
Strained relations doctrine
1. Concept If employees win an illegal dismissal case, the default remedy is for them to be reinstated back to work. However, it is possible
Management Prerogative
Cases: Management Prerogative
Labor jurisprudence on management prerogative
Time, Place, and Manner of Work
1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts
Management Prerogative
Management prerogative is the inherent right of the employer to regulate all aspects of employment. There are two limitations to management prerogative: (a) good faith,
Productivity standards
An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. 1. Concept
Working methods
Working methods refer to the processes, steps, or methodology to do a particular work.
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
Working Conditions
Work from Home 101
The pandemic forced several businesses around the world to experiment work from home. In the PH, has the Telecommuting Law and its IRR helped in
Flexible Work Arrangements
Summary ▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and workweek. ▪ The effectivity and
Rotation of Workers
Summary ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek. ▪ The employer shall notify
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 for Children and Aging, Inc.,
Rotation of Workdays
Summary ▪ Rotation of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months.
Safety & Health
Mandatory Covid-19 vaccination for on-site employees
IATF issued a resolution requiring on-site employees to get Covid-19 vaccination. The mandate depends on whether employees are eligible or not for the vaccine. Employees
Primer: OSH Law (2018)
1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites.
DOLE IRR/Guidelines on Mental Health Workplace Policies and Programs in the Private Sector
DOLE Department Order No. 208, Series of 2020 (“DO-208”): Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector —
Drug-free workplace, mandatory policy
1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a
Employees Scared of Covid-19
The Omicron variant shot active cases to the moon with current numbers raising more than 50,000. Undertandably, many employees fear getting the virus, even those
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Labor Law PH
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Pre-Employment
Employment bond
“Employment bond” – refers to a contractual stipulation requiring an employee to stay employed with the employer for a certain length of time, and it often comes with a penalty if the employment duration is not complied with.
Apprentices
Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job
Independent Contractors – Individuals
Independent contractors are individuals who offer their services for a fee to a client/principal in the form of a business and thus they are not
Post-Employment
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 should the employee do? Let’s
Post-employment restrictions
1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well
Final pay
Final pay is required to be paid within 30 calendar days from termination or separation from employment. Payment of final pay may be subjected to
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 be jointly and solidarily liable
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
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,
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
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
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
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
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
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: 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
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
Labor Disputes
Labor Arbiter
Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the
DOLE Secretary
Summary ▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. ▪ The DOLE Secretary has visitorial and
National Labor Relations Commission
Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC
Labor Laws
Employees
“Employee” – includes any person in the employ of an employer. 1. Concept “Employee” – includes any person in the employ of an employer. The
Employers
“Employer” – includes any person acting in the interest of an employer, directly or indirectly. 1. Concept “Employer” – includes any person acting in the
Authorized cause procedure
DOLE D.O. 147-15 requires the following procedure be followed for authorized cause separation: 1) 30-day advance written notice to the employee; 2) 30-day advance written
Employees who file baseless complaints
May employees who have baseless complaints file a labor case? Let’s discuss.
Burden of proof
Summary ▪ Burden of proof shifts between the employer and the employee depending on what is being claimed. ▪ In monetary claims, burden of proof
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
Managerial Staff
1. Summary ▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their
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