Labor Law
PH
Labor Standards
Premium Pay
Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.
Minimum Wage
Summary ▪ The law prescribes a minimum wage required to be observed by the employers. ▪ The minimum wage varies per region as it is
Maternity Leave
Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
Cases: Prescriptive period – monetary claims, illegal dismissal
These are the related Labor Law Cases or Jurisprudence. 1. Prescription of monetary claims a. 3 years from accrual of cause of action Philippine Long
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. Stoneleaf Inc. G.R. No. 222416,
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.
Due Process
Cases: Willful Disobedience
1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to
Employees who file baseless complaints
May employees who have baseless complaints file a labor case? Let’s discuss.
DOLE Regional Director
The Regional Director of the Department of Labor and Employment (DOLE Regional Director) has jurisdiction over certain cases. The DOLE Regional Director has the power
DOLE Inspection Report
A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”
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
Loss of trust and confidence
Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article
Management Prerogative
Transfer of Employees
1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪ Non-compliance with requirements for a
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
Mental health, 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
Cases: Management Prerogative
Labor jurisprudence on management prerogative
Work Supervision
1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers
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.,
Working Conditions
Rank-and-File Employees
1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with
Government Employees
1. Summary ▪ Government employees refer to those employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or
Regularization by the DOLE
What is DOLE regularization and why it matters? Let’s discuss.
Bona fide occupational qualification (BFOQ)
1. Concept Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show
Managerial Employees
1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term
Safety & Health
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 —
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
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.
OSHS Compliance
What is Occupational Safety and Health Standards (OSHS) Compliance? Let’s discuss.
Vaccination for on-site workers in PH | LinkedIn Live
Covid-19 vaccination is now mandatory for on-site workers in the Philippines. What now? Let’s discuss what the employers should do to ensure compliance with labor
YouTube Videos
Labor Law PH
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Pre-Employment
Hepatitis B test as pre-employment requirement
1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment.
Asking for old pay slip during a job interview
Is it valid for a prospective employer to require a job applicant to disclose his/her previous salary? Let’s discuss.
Women
Discrimination against women is prohibited. 1. Concepts “Women” – as contemplated by current labor law refers to workers who are anatomically or biologically classified as
Post-Employment
Cases: Resignation
1. Concept and effects of tendering a resignation letter Philippine National Construction Corporation v. NLRC, PNCC Toll Operations Employees and Workers Union (PNCC-TOEWU) G.R. No.
Non-Compete Clause
Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is
Clearance process
Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer.
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
Compressed Workweek
Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work
Statutory benefits, Private Security
1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours,
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
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 Contracting
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 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
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
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
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
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
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
Labor Disputes
Voluntary Arbitrators
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators are appointed by both the
National Conciliation and Mediation Board
Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of
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
2023 Masterclasses – Now Available
Sign up for the 2023 Masterclasses: REGISTER HERE Greetings! Thank you for your interest in our Masterclasses. A. REGISTRATION 1. Please fill-up this Registration Form. Afterwards,
Promotion of an employee
Summary ▪ Promotion is the advancement of a position with an increase in duties and responsibilities. ▪ Increase of salary is incidental, and not required.
Full backwages
Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage
Cases: Night shift differential pay
The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay? Lepanto Consolidated
Willful disobedience
1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have
Primer: IRR of Safe Spaces Act
Summary ▪ The Department of Labor and Employment (DOLE) has issued Department Order No. 130, Series of 2021 (“DO 230-21”). ▪ DO 230-21 provided guidelines
Bureau of Labor Relations
Summary ▪ The Bureau of Labor Relations (BLR) has original and exclusive authority on certain cases which involve unions, collective bargaining agreements, and labor disputes
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