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?

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

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.

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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

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

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.

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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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

Post-Employment

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

Regulated Industries

Private Security

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

DOLE, NLRC, NCMB, etc.

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

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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

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

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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