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
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DOLE Inspection Report
A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”
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Substantial Evidence Rule
Whether for just or authorized cause – including DOLE’s other cause, the employer should note and comply with the substantial evidence rule required by Labor Law. In dismissal, the burden of proof is on the employer. To discharge this responsibility, the employer has to present substantial evidence to prove that the dismissal was valid. Substantial…
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Due Process
1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in the ancient and immortal words said in Greek Mythology: Strike, but hear me first! Before the employer may impose a penalty as a result of a disciplinary action, the employees should know what they are…
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Disciplinary Action
In the world of private sector employment, it does happen that a few employees underperform and/or commit violations. The employer is allowed by law to impose disciplinary actions against these erring employees to correct unlikable behavior. As a result, sanctions or penalties may be imposed ranging from verbal warning, written reprimand, suspension without pay, and…
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Social Justice in Labor Law
Labor law is founded on social justice. What is social justice in Labor Law? In the context of labor and employment, social justice ensures that “those who have less in life must have more in law.” (Justice Velasco, Jr., Separate and Dissenting Opinion in Perez v. Philippine Telegraph and Telephone Company, G.R. No. 152048, 07…
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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 employer may terminate employment at any time and without need of any cause or ground. As the term suggests, the employment is at the will or desire of the employer. While certain countries allow at-will…
