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Transfer of Employees
1. Summary ▪ Transferring of employees is a management prerogative. ▪ There are jurisprudential guidelines for a valid transfer. ▪ Non-compliance with requirements for a valid transfer may result in constructive dismissal. 2. Concepts “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment,…

Cases: Resignation
1. Concept and effects of tendering a resignation letter Philippine National Construction Corporation v. NLRC, PNCC Toll Operations Employees and Workers Union (PNCC-TOEWU) G.R. No. 117240, 02 October 1997 [The employer] and [the Company Union] entered into a Collective Bargaining Agreement far a period of five (5) years from February 1, 1990 to January 30,…

Publication of Separated Employees
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Final pay
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…

Statutory benefits, Private Security
1. Coverage of benefits Security guards and other private security personnel are entitled to not less than the following benefits depending on the working hours, work shift and workdays and other analogous conditions, which benefits should be included in the cost distribution in the Service Agreement: a. Basic salary 1) Basic salary for all actual…

DOLE: Covid-19 positive workers cannot be ordered to report for work
The start of 2022 saw the Philippines with record-breaking numbers of people testing positive for Covid-19 due to the local transmission of the Omicron variant. Expectedly, many employers find it difficult to maintain their workforce as their employees are unable to report for work after testing positive for the virus. Unfortunately, there are reports that…