Flexible Work Arrangements
Summary ▪ Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays, and
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
Security of Tenure
The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees. This right ensures
Featured Articles
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
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
Critical workdays after holidays
.. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law.
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
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.
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
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Labor Standards
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.
Solo Parent Leave
Summary ▪ Solo parent leave benefits are given to employees left alone with the responsibility of parenthood. ▪ The benefit
Waiver of holiday pay – Video
Is it possible and legal to waive holiday pay? Let’s discuss.
Due Process
Voluntary Arbitrators
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators
Analogous Causes
Analogous cause refers to those similar to the enumerated just causes.
Gross and habitual neglect of duty
1. Summary ▪ To be valid, the just cause of gross and habitual neglect of duty should comply with prescribed
Pre- and Post- Employment
Medical representative tricked into resigning and signing a quitclaim
Clearance process
Employee claims if employer has closed
Publication of separated employees
Certificate of Employment
Sales clerks dismissed then made to sign quitclaims
Labor Relations
Procedure in collective bargaining
Labor organizations
Certification election
Right to self-organization
Unfair labor practices
Legitimate labor organizations
Private Security
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
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
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
Contractor’s employees
Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
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
Work Supervision
1. Summary ▪ Work supervision is a management prerogative. ▪ Employers are required to observe due diligence in the supervision
Cases: Management Prerogative
It is very important to completely and fully understand the concept of management prerogative to thoroughly understand Labor Law. After
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
Podcasts & YouTube videos
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Employees who file baseless complaints
Employer doing unethical / illegal business
Right to self-organization
No work, no pay
Social Justice in Labor Law
No extension of probationary employment
Multiple employment
Authorized Causes
Government Employees
Night Shift Differential Pay
Schemes Adopted during Period of Economic Difficulties Report
OSHS Compliance
Due Process in Labor Law
Computation of night shift differential pay
Compressed Workweek Report
Primer: Safe Spaces Act
Cases: Fraud
Fraud
Illegal Dismissal
Dishonesty, a termination ground?
Rotation of Workdays
Serious misconduct
Ban on direct-hiring for overseas employment 101
Holiday Pay
