Installation of labor-saving devices
Installation of labor-saving devices – refers to “the reduction of the number of workers in any workplace made necessary by
Just Cause Procedure
The procedure just cause requires observance of these 3 steps: 1) 1st Written Notice (a.k.a. Notice to Explain); 2) Ample
Confidentiality or NDA
Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential
Featured Articles
4-day workweek: How to implement
With the rising prices of gas and the still ongoing pandemic, there is clamor from many sectors for the adoption
Consequences of illegal dismissal
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement
No extension of probationary employment
Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
Due Process 101
1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in
Critical workdays after holidays
.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law.
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
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Labor Standards
Cases: Special leave for women under R.A. 9710
These are the related Labor Law Cases or Jurisprudence. 1. Suppletory application of policies on maternity leave HRET v. Panga-Vega
Overtime Pay
Summary ▪ Overtime pay is an additional pay of 25% of the hourly rate for work done in excess of
13th Month Pay
Summary ▪ P.D. 851 is the legal basis for 13th month pay. ▪ The 13th month pay is given to
Due Process
Cases: Fraud
1. Conviction of a crime In Concepcion v. Minex Import Corporation, the rule was reiterated that conviction was not required
Extra-marital affair as termination ground?
Employers sometimes learn of extra-marital affairs or marriage infidelity of their employees. Is this a termination ground? Let’s discuss.
Cases: Serious Misconduct
Summary 1. Sexual Harassment 2. Violation of Company Policy 3. Drunken behavior 4. Drug use in the workplace 5. Theft
Pre- and Post- Employment
Regular Employment Contract
Email as employment contract: Is it valid under PH Labor Law
Labor cases – rules, procedures, practices in 2022
Asking for old pay slip during a job interview
Non-Compete Clause
Radiobroadcaster challenges quitclaim after receiving payment
Labor Relations
Duty to bargain
Certification election
Procedure in collective bargaining
CBA terms
Bargaining unit
Labor organizations
Private Security
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
Statutory benefits (Private Security)
1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who
DO-174 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
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Contractor’s employees
Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s
Overseas Employment
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.
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.
Management Prerogative
Policy on donating leave credits
Is it valid if an employer comes out with a policy allowing employees to donate the cash equivalent of their
Management Prerogative
1. Summary ▪ Management prerogative is the inherent right of the employer to regulate all aspects of employment. ▪ There
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
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Cases: Gross and Habitual Neglect
Separation Pay
Casual Employment Contract
Bureau of Labor Relations
Burden of proof
January 2022 – Google Analytics for Labor Law PH
Explainer: Illegal dismissal
Substantial evidence rule
Security of Tenure
Waiver of holiday pay – Video
Job Contracting and Subcontracting
Authorized Causes
Ban on direct-hiring for overseas employment 101
Fraud
Retraction letter
Radiobroadcaster challenges quitclaim after receiving payment
Seafarers question quitclaims after receiving payment
Disease
Lay-off and recall of employees
Certificate of employment
Non-Compete Clause
Right to security of tenure (Private Security)
College dean loses benefits and privileges after transfer
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