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Fixed-Term Employment Contract
1. Summary ▪ A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the
Clearance process
Summary ▪ Clearance process is valid and has legal bases. ▪ Final pay subject to clearance process. ▪ Wages may
Voluntary arbitration
1. Concepts “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent,
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
Validity of non-compete clauses
May employees be prohibited from joining direct competitors? Let’s discuss.
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
“Ghosting coasting” employees
“Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for
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
Explainer: Illegal dismissal
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
Labor Standards
Holiday Pay
Summary ▪ Holiday pay is a 100% additional pay during a regular holiday. ▪ If no work is done on
Paternity leave
Summary ▪ Paternity leave benefits are given to married male employees whose legal wife underwent delivery or miscarriage. ▪ The
Webinar: Salary during lockdowns | Labor Law PH Webinar
Salary during lockdowns: Are employers required to pay the employees when there is a granular lockdown imposed in the area
Due Process
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
Loss of trust and confidence
1. Summary ▪ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards.
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
Pre- and Post- Employment
Labor Relations
Private Security
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job
Job Contracting and Subcontracting
Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who
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
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
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
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.
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: 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.,
Management Prerogative
Retraction letter
Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal
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
Selection and hiring of employees
1. Summary ▪ Selection and hiring of employees are included in management prerogative. 2. Concept Selection and hiring refer to
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