Reinstatement
Summary ▪ Reinstatement is due to an illegally dismissed employee. ▪ Separation pay in lieu of reinstatement is an alternative
Voluntary Arbitrators
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators
Medical representative tricked into resigning and signing a quitclaim
The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company.
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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.
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.
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of 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
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Labor Standards
Overtime Pay
Summary ▪ Overtime pay is an additional pay of 25% of the hourly rate for work done in excess of
Computation of night shift differential pay
The night shift differential pay is at 20% for those in the Government Service, while 10% for those in the
No work, no pay
Summary ▪ The principle of no-work, no pay is the basic factor in determining employee wages. ▪ This is based
Due Process
Procedural Due Process
Summary ▪ Procedural due process is divided into just cause procedure or authorized cause procedure. ▪ Just cause procedure refers
Fraud or willful breach of trust
1. Summary ▪ To be valid, the just cause of fraud should comply with prescribed standards. 2. Standards for fraud
Substantive Due Process
Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination
Pre- and Post- Employment
Validity of employment bond
Project Employment Contract
Sales clerks dismissed then made to sign quitclaims
College dean loses benefits and privileges after transfer
Regular Employment Contract
Confidentiality or NDA
Labor Relations
Duty to bargain
Labor organizations
Legitimate labor organizations
Right to self-organization
CBA terms
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
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
Compressed Workweek
Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
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
Contractor’s employees
Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
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
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.
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.
Management Prerogative
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
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
Retraction letter
Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal
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Project Employment Contract
Vaccination for on-site workers in PH | LinkedIn Live
Disciplinary Action 101
Labor-only Contracting
Just Cause Procedure
Troublesome employee who is also a pregnant woman employee
Publication of separated employees
Serious misconduct
Willful disobedience
Overtime Pay
Illegal Dismissal
Voluntary Arbitrators
Duty to bargain
Primer: IRR of Safe Spaces Act
Drug test as pre-employment requirement
Just Causes
Equipoise rule
Labor Standards
Full backwages
Premium Pay
No extension of probationary employment
Employees scared of Covid-19
Cases: Prescriptive period – monetary claims, illegal dismissal
Retraction letter