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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

Security guard signs a pro-forma resignation letter with quitclaim

The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were

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 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

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.

Schemes Adopted during Period of Economic Difficulties Report

Summary Employers adopting flexible work arrangements, including schemes adopted during period of economic difficulties, are required to submit a report to DOLE. Applicable laws, regulations

Private Security

Right to security of tenure, Private Security

1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their

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

Employment terms and conditions, Private Security

1. Employer-employee relationship The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on

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

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

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