Summary ▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. ▪ The DOLE Secretary has visitorial and enforcement powers. 1. Concept The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases. 2. DOLE Secretary’s Jurisdiction a. Original jurisdiction 1) Assumption of…
Summary ▪ The Bureau of Labor Relations (BLR) has original and exclusive authority on certain cases which involve unions, collective bargaining agreements, and labor disputes in organized establishments. 1. Concept The BLR the lead agency duly authorized to manage and resolve any issues involving unions, collective bargaining agreements, and labor disputes in organized establishments. The…
Summary ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration. ▪ It also facilitates labor-management cooperation through joint mechanisms for information sharing, effective communication and consultation…
Summary ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators. 1. Concept Voluntary arbitrators are appointed by both the employer and employee to resolve their labor dispute. Voluntary arbitrators are usually private individuals who are known of their integrity and competence in a certain field or industry. 2. Voluntary…
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 to determine the existence of employer-employee relationship. 1. Concept The Regional Director of the Department of Labor and Employment (DOLE Regional Director) has jurisdiction over certain cases. 2. DOLE Regional…
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 a contractual stipulation whereby one party is prohibited from competing against the other contracting party in a similar activity for a certain period. A non-compete clause is valid as a…
Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to…
Final pay is required to be paid within 30 calendar days from termination or separation from employment. Payment of final pay may be subjected to clearance process. 1. Concept Final pay, last pay, or back pay, all of which refer to the same thing as “the sum or totality of all the wages or monetary…
Employers are obligated to issue a Certificate of Employment (COE) is required to be issued by an employer upon request by an employee or an ex-employee. 1. Concept A certificate of employment (COE) is a document certifying a current or former employee’s employment with an employer, including the start and end date, as well as…
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. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or documents, to be cleared…