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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

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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

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

Key Topics

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

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

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

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

Employer's Rights

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.

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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