Company practice

1. Concept As a rule, “practice” or “custom” is not a source of a legally demandable or enforceable right. In labor cases, however, benefits which were voluntarily given by the employer, and which have ripened into company practice, are considered as rights and are subject to the non-diminution rule. To be considered a company practice, […]

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 […]

Non-diminution of benefits

“Principle of non-diminution of benefits” refers to the prohibition against employers from eliminating or reducing the benefits received by their employees. 1. Concepts “Principle of non-diminution of benefits” – refers to the prohibition against employers from eliminating or reducing the benefits received by their employees. (See Wesleyan University-Philippines v. WUPF, G.R. No. 181806, 12 March […]

Wages

“Wage” – paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money. 1. Concepts “Wage” – paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, […]

Cases: Prescriptive period – monetary claims, illegal dismissal

These are the related Labor Law Cases or Jurisprudence. 1. Prescription of monetary claims a. 3 years from accrual of cause of action Philippine Long Distance Telephone Company (PLDT) v. Pingol G.R. No. 182622, 08 September 2010 [BACKGROUND] In 1979, [the employee] [R. [the employee]] was hired by petitioner PLDT as a maintenance technician. On […]

Cases: Service incentive leave

These are the related Labor Law Cases or Jurisprudence. 1. Covered employees a. Covered employees 1) Rank-and-file employees Ramil v. Stoneleaf Inc. G.R. No. 222416, 17 June 2020 [BACKGROUND] On June 7, 2009, [the employee] was hired as a Spa Supervisor and Massage Therapist at respondent’s establishment, Stoneleaf Spa and Wellness Center. Respondent Stoneleaf, Inc. […]

Cases: Special leave for women under R.A. 9710

1. Suppletory application of policies on maternity leave HRET v. Panga-Vega G.R. No. 228236, 27 January 2021 [BACKGROUND] On February 2, 2011, [the employee], then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No. 9710, otherwise known as […]

Labor Standards

Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. Summary ▪ Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. ▪ In order for a benefit to […]

Cases: Premium pay

The following are the related or relevant Labor Law Cases or Jurisprudence on the topic. 1) Covered and excluded employees Peñaranda v. Bagana Plywood Corporation G.R. No. 159577, 03 May 2006 [The complainant-employee] was a member of the managerial staff, which also takes him out of the coverage of labor standards. Like managerial employees, officers […]

FAQ: Premium pay

The following are the most frequently asked questions and their answers. What is a premium pay? A premium pay is an additional pay granted to an employee who render work on a rest day or a special non-working day. What are the conditions for an employee to be entitled to premium pay? These are the […]