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Guide: Batas Kasambahay or Domestic Workers Act
1. Concepts “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who…
Cases: 13th month pay
1. Kinds of employees a. Rank-and-file employees Ramil v. Stoneleaf, Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] [The employee was hired as a Spa Supervisor and Massage Therapist by the employer, a Spa and Wellness Center. She received a monthly salary of P10,000.00 and P100.00 per massage service rendered. She was also an incorporator/director…
Forced Leave
Summary ▪ Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their leave credits if there are any. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept Forced Leave refers to one where the employees…
Email as Employment Contract
Employment contracts are consensual in nature. If all of the three essential requisites to a contract are present in an email, then an employment contract may be be formed. 1. Employment contracts are consensual under PH Labor Law Unknown to many, PH Labor Law classifies employment contracts as consensual, as opposed to formal or written…
Mental Health Workplace Policy
1. Preliminary DOLE Department Order No. 53, Series of 2003 (“DO-53”) provides for the Drug-Free Workplace Policies and Programs Guidelines for the Implementation of a Drug-Free Workplace Polices and Programs for the Private Sector (the “Guidelines”) DOLE Department Order No. 208, Series of 2020 (“DO-208”)provides for the Guidelines for the Implementation of Mental Health Workplace…
Cases: Fraud
1. Conviction of a crime The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer. Neither a criminal prosecution nor a conviction beyond reasonable doubt for the crime is a requisite for the validity of the dismissal. Nonetheless, the…
