# Labor Law PH

> Ultimate Resource for Philippine Labor and Employment Law


## Posts

- [Substantial Evidence Rule](https://laborlaw.ph/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 evidence is defined as follows: “In termination cases, the burden of proof rests on the employer to show that the dismissal is for a valid cause. Failing in which, the law considers the matter a case of illegal dismissal. In this relation, the quantum of proof […]
- [Other Causes by DOLE](https://laborlaw.ph/other-causes-by-dole/): DOLE D.O. 147-15 recognizes “Other Causes” as grounds for employee termination under Rule I-A, viz: “Section 6. Other Causes of Termination. In addition to Section 4, the employer may also terminate an employee based on reasonable and lawful grounds specified under its company policies. An employee found positive for use of dangerous drugs shall be dealt with administratively which shall be a ground for suspension or termination. An employee shall not be terminated from work based on actual, perceived or suspected HIV status. An employee shall not be terminated on basis of actual, perceived or suspected Hepatitis B status. An employee […]
- [Installation of Labor-Saving Devices](https://laborlaw.ph/installation-of-labor-saving-devices/): Installation of labor-saving devices – refers to “the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices.” (Section 4 [m], Rule I-A, DOLE D.O. 147-15) DOLE D.O. 147-15 provides for the standards to be complied with for a valid separation of employment by the employee: 1) There must be introduction of machinery, equipment or other devices; 2) The introduction must be done in good faith; 3) The purpose for such introduction must be valid such as to save on cost, enhance efficiency and other justifiable economic reasons; 4) There is no […]
- [Due Process](https://laborlaw.ph/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 being accused of and that they be given an ample opportunity to explain. This is but only fair and just, especially if it could lead to termination of his employment. “In times past, when due process was more of a myth — empty accusations have had […]
- [Disciplinary Action](https://laborlaw.ph/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 ultimately to dismissal from employment. This is the concept of disciplinary action. 1. Right of the employer to discipline It is the right of the employer to discipline erring employees in order for them to deliver better work performance or to comply with Company rules, regulations, […]
- [Cases: Management Prerogative](https://laborlaw.ph/cases-management-prerogative/): Labor jurisprudence on management prerogative
- [Social Justice in Labor Law](https://laborlaw.ph/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 April 2009,) Between labor and capital, the employees are usually at an economic disadvantage against the employer who wields a powerful right – management prerogative. Consequently, employees end up having no other option but to comply with the employer’s instructions, which may or may not be […]
- [Security of Tenure](https://laborlaw.ph/security-of-tenure/): The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees. This right ensures that an employee cannot be dismissed from employment without due process of law. This guarantee extends to all employees working in the Philippines – whether a Filipino or a foreigner. CASE STUDY Dosch v. Northwest Airlines, Inc. En Banc, G.R. No. L-51182, 05 July 1983 [The employee – an American and resident Manager of the company – was dismissed for his refusal to be promoted which required him to go back to the U.S.] There can be no dispute that the […]
- [At-Will Employment](https://laborlaw.ph/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 employment, the Philippines follow due process termination. In such a framework, the employee may only be dismissed via just or authorized causes, accompanied by the corresponding two notices. This is in line with the constitutional right to security of tenure by the employees. Even if at-will […]
- [Guide: IRR of Safe Spaces Act](https://laborlaw.ph/guide-irr-of-safe-spaces-act/): Summary ▪ The Department of Labor and Employment (DOLE) has issued Department Order No. 130, Series of 2021 (“DO 230-21”). ▪ DO 230-21 provided guidelines on support for workers in the informal sector under the Safe Spaces Act and its Implementing Rules and Regulations. 1. Purpose DO 230-21 (the “Guidelines”) carries this title/heading: “Guidelines on Support for Workers in the Informal Sector under Republic Act No. 11313, otherwise known as the “Safe Spaces Act” and its Implementing Rules and Regulations.” The Guidelines provides the appropriate mechanisms and interventions, including redress mechanisms, in cases of gender-based sexual harassment in the workplace. (Section […]
- [Abandonment of Work or Absence without Leave](https://laborlaw.ph/abandonment-of-work-or-absence-without-leave/): 1. Concept Abandonment of work has been construed as “a clear and deliberate intent to discontinue one’s employment without any intention of returning back.” (Demex Rattancraft, Inc. v. Leron, G.R. No. 204288, 08 November 2017) Abandonment is the deliberate and unjustified refusal of an employee to resume his employment. It constitutes neglect of duty and is a just cause for termination of employment under paragraph (b) of Article 282 of the Labor Code. (Tan Brothers Corporation v. Escudero, G.R. No. 188711, 08 July 2013) a. Elements of abandonment To constitute abandonment, two (2) elements must concur: 1) The failure to report […]
- [Critical Workdays after Holidays](https://laborlaw.ph/critical-workdays-after-holidays/): .. Summary ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law. ▪ Holiday pay is a legally mandated benefit which is required to be paid to covered employees and subject only to limitations provided for by law. 1. Concept There are several establishments which consider certain days as “critical workday”, which means that employees are expected to report for work or else be penalized or undergo disciplinary action. These critical workdays may include days before and after a pay day, as well as days before and after a regular holiday. These are […]
- [Multiple Employment](https://laborlaw.ph/multiple-employment/): Due to the pandemic, many are forced to look for other sources of income. These usually come in the form of having another job. The question that usual comes to mind is: Is it allowed? Before giving you the answer, and to raise your awareness of PH labor laws, let us first discuss some key concepts and principles to help you develop labor law skills, which may also you help you with similar concerns in the future. As the saying goes, it is better to teach someone to fish. 1. Employment is a contract Why are we starting with something so […]
- ["Ghosting Coasting" Employees](https://laborlaw.ph/ghosting-coasting-employees-why-you-have-to-due-process-immediately/): “Ghosting coasting” refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for work. These employees may be considered to have abandoned their employment. However, PH Labor Law considers them employed with their employers unless their employment is terminated. Due process is required to properly terminate their employment to avoid illegal dismissal. 1. Concept “Ghosting coasting” refers to newhires who stick around for the first few pay, disappears afterwards no longer reporting for work, applies at a different company, and then repeats the cycle. The employees may stick around for the first pay or […]
- [Email as Employment Contract](https://laborlaw.ph/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 contract. A contract is consensual when mere consent is required to create a contract. For instance, you enter into a sales contract everytime you buy food and drinks at a convenience store. However, you are never provided a written sales contract to complete the transaction (that’s […]
- [Split Work Shifts](https://laborlaw.ph/split-work-shifts/): With the ongoing pandemic, many establishments have resorted to irregular operating hours which in turn created split work shifts for certain employees. For those who have been affected, many of them ask the validity of work shifts under Philippine Labor Law. What is a split work shift? Split work shifts (commonly called “split shifts”) refer to a workshift that is divided usually into two shifts (e.g. 4 hours for 1st shift, 4 hours for 2nd shift) with a substantial gap in between shifts (meaning: more than the 60-minute meal break). In other countries, they have a specific law covering this arrangement […]
- [Procedural Due Process](https://laborlaw.ph/procedural-due-process/): Summary ▪ Procedural due process is divided into just cause procedure or authorized cause procedure. ▪ Just cause procedure refers to the process for termination of employment due to just causes. ▪ Authorized cause procedure refers to the process for separation of employment due to authorized causes. ▪ If there is no procedural due process, the employer may be held liable. 1. Concept Procedural due process refers to the process of termination of employment due to just causes or separation of employment due to authorized causes. 2. Procedural due process Procedural due process is divided into two, namely: (a) just cause […]
- [Substantive Due Process](https://laborlaw.ph/substantive-due-process/): Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination of employment. ▪ Authorized causes are grounds for separation from employment. ▪ If there is no substantive due process, i.e. no just cause or authorized cause, the employer may be held liable for illegal dismissal. 1. Concept “At its core, substantive due process guarantees a right to liberty that cannot be taken away or unduly constricted, except through valid causes provided in the law.” (Brown Madonna Press, Inc. v. Cabangon, G.R. No. 200898, 15 June 2015) 2. Substantive due process Substantive […]
- [Due Process in Labor Law](https://laborlaw.ph/due-process-in-labor-law/): Summary ▪ Due process implements the constitutional provisions on security of tenure. ▪ It is about complying with the substantive due process and procedural due process. ▪ Termination of employment is different from separation from employment. ▪ Procedural due process is different for just cause and authorized cause. ▪ Non-compliance with due process may result in liability. 1. Concept Due process is essentially the observance of substantive due process (i.e. causes/grounds) and procedural due process (i.e. steps/procedure) prior to the termination of employment or separation from employment. At its core, substantive due process guarantees a right to liberty that cannot be […]
- [Certification Election](https://laborlaw.ph/certification-election/): The workers in a bargaining unit have the right to choose their sole and exclusive bargaining agent through the process of certification election. Summary ▪ The certification election determines who will be the sole and exclusive bargaining agent in an organized establishment, particularly if there is more than one (1) legitimate labor organization. ▪ A legitimate labor organization may file a petition for certification election to be certified as the exclusive bargaining agent. ▪ The employer may also file a petition for certification election and thereafter be considered as a bystander or a non-party. 1. Concepts “Certification election” – is the […]
- [Duty to Bargain](https://laborlaw.ph/duty-to-bargain/): The duty to bargain in good faith is mandated on both the employer and the employee’s sole and exclusive bargaining agent, whether or not there exists a collective bargaining agreement. Summary ▪ In the context of labor relations, the employer and the workers’ bargaining unit has the duty to bargain collectively. ▪ There is duty to bargain whether there is a CBA or not. 1. Concepts “Duty to bargain collectively” – means the performance of a mutual obligation to meet and convene promptly and expeditiously in good faith for the purpose of negotiating an agreement with respect to wages, hours of […]
- [Bargaining Unit](https://laborlaw.ph/bargaining-unit/): A bargaining unit is a group of employees sought to be represented by a petitioning union. There are several factors to determine the bargaining unit. 1. Concept “Bargaining Unit” – refers to a group of employees sharing mutual interests within a given employer unit, comprised of all or less than all of the entire body of employees in the employer unit or any specific occupational or geographical grouping within such employer unit. (Section 1[e], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I) “Bargaining unit” – refers to a “group of employees of a given employer, […]
- [Legitimate Labor Organizations](https://laborlaw.ph/legitimate-labor-organizations/): Legitimate labor organizations refer to labor organizations that registered with the Department of Labor and Employment (DOLE). 2. Concept “Legitimate Labor Organization” – refers to any labor organization in the private sector registered or reported with the Department in accordance with Rules III and IV of [DOLE Department Order No. 40-03]. (Section 1[ff], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I) a. Legitimate labor organizations v. bargaining unit The concepts of a union and of a legitimate labor organization are different from, but related to, the concept of a bargaining unit. (Holy Child Catholic School […]
- [Labor Organizations](https://laborlaw.ph/labor-organizations/): A labor organization is any union or association of employees which exists in whole or in part for the purpose of collective bargaining or of dealing with employers concerning terms and conditions of employment 1. Concept “Labor Organization” – refers to any union or association of employees in the private sector which exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation, protection, or other lawful purposes. (Section 1[dd], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I) “Labor organization” – refers to “any union or association of employees which […]
- [Unfair Labor Practices](https://laborlaw.ph/unfair-labor-practices/): Unfair labor practices are those which interfere with the employee’s right to self-organization and which may be committed either by the employer or a labor organization. 1. Summary ▪ Unfair labor practices are specific offenses against the right to self-organization of workers or employees. ▪ There are civil and criminal liabilities for those who commit unfair labor practices. ▪ Unfair labor practices may be committed by the employer or a labor organization. 2. Concepts “Unfair labor practices” – violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their […]
- [Right to Self-Organization](https://laborlaw.ph/right-to-self-organization/): The right to self-organization includes the right to form, join or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection. 1. Concepts “Right to self-organization” – includes the right to form, join or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection. This is in line with the policy of the State to foster the […]
- [Guide OSH Law (2018)](https://laborlaw.ph/guide-osh-law-2018/): 1. Summary ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018. ▪ The OSH Law applies to all establishments, projects, and sites. 2. Concept Republic Act No. 11058, a.k.a. the “OSH Law”, shall apply to all establishments, projects, sites, including Philippine Economic Zone Authority (PEZA) establishments, and all other places where work is being undertaken in all other places where work is being undertaken in all branches of economic activity, except in public sector. (Section 2, R.A. 11058) The Secretary of Labor and Employment shall issue the number of employees, and nature of operations, and the risk or […]
- [Retirement Pay](https://laborlaw.ph/retirement-pay/): Retirement pay is an additional pay provided to a covered employee who is retiring.
- [Service Charges](https://laborlaw.ph/service-charges/): Service charge is an additional pay given to covered employees by establishments that collect service charges for services rendered.
- [Separation Pay](https://laborlaw.ph/separation-pay/): Separation pay is an additional pay provided to a covered employees who have been separated from employment through no fault of their own.
- [VAWC Leave](https://laborlaw.ph/vawc-leave/): VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
- [Special Leave for Women](https://laborlaw.ph/special-leave-for-women/): The special leave for women is given to covered female employees who have undergone surgery due to gynecological disorder.
- [Solo Parent Leave](https://laborlaw.ph/solo-parent-leave/): Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work.
- [Paternity Leave](https://laborlaw.ph/paternity-leave/): Paternity leave benefits are given to married male employees whose legal wife underwent delivery or miscarriage.
- [Maternity Leave](https://laborlaw.ph/maternity-leave/): Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
- [Service Incentive Leave](https://laborlaw.ph/service-incentive-leave/): Service incentive leaves are leave credits extended to covered employees who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
- [Premium Pay](https://laborlaw.ph/premium-pay/): Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.
- [Overtime Pay](https://laborlaw.ph/overtime-pay/): Overtime pay is an additional pay provided to a covered employee who has rendered overtime work.
- [Night Shift Differential Pay](https://laborlaw.ph/night-shift-differential-pay/): Night shift differential pay is an additional pay for work between 6:00 p.m. and 6:00 a.m. the following day for those in the Government Service, and between 10:00 p.m. and 6:00 a.m. the following day for those in the private sector.
- [Holiday Pay](https://laborlaw.ph/holiday-pay/): Holiday pay is a an additional pay provided to a covered employee during regular holidays.
- [13th Month Pay](https://laborlaw.ph/13th-month-pay/): 13th month pay is provided to covered rank-and-file employees who have rendered at least one (1) month of service.
- [Daily-paid v. Monthly-paid](https://laborlaw.ph/daily-paid-v-monthly-paid/): Summary ▪ The general rule of no work, no pay, applies to both daily-paid and monthly paid-employees, with only one exception during regular holidays when both are paid despite no work. ▪ If there is a favorable stipulation or agreement, monthly-paid employees may be paid for un-worked days such as rest days and special non-working days. 1. Concepts Daily-paid employees – refer to those whose wages/salaries are computed on a daily basis. Monthly-paid employees – refer to those whose wages/salaries are computed annually then divided via certain divisors. 2. No work, no pay principle GENERAL RULE: The general rule of no […]
- [Minimum Wage](https://laborlaw.ph/minimum-wage/): Summary ▪ The law prescribes a minimum wage required to be observed by the employers. ▪ The minimum wage varies per region as it is set by the Regional Tripartite Wages and Productivity Board (RTWPB) ▪ Violations of minimum wage may result in double indemnity and/or criminal liability. ▪ The RTWPB may provide for exemptions, including those for Barangay Micro Business Enterprises. ▪ Minimum wage earners are exempt from income tax. 1. Concept A minimum wage is a legal mandate for employers to pay their employees a compensation which should not be less than that prescribed by the Regional Tripartite Wages […]
- [Guide: Safe Spaces Act](https://laborlaw.ph/guide-safe-spaces-act/): Summary Gender-based sexual harassment in the workplace involve unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature. The offender may be employers or other persons of authority, influence or moral ascendancy in a workplace. Employers who do not take action may be held liable. 1. Gender-based sexual harassment in the workplace The crime of gender-based sexual harassment in the workplace includes the following: 1) An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use […]
- [Sexual Harassment](https://laborlaw.ph/sexual-harassment/): Summary • Sexual harassment may be committed in a work-related/employment environment or in an education/training environment. • The offender may be one who has authority, influence or moral ascendancy over another. •  The offense is committed when there is a demand, request, or requirement for sexual favor from another, regardless of whether such is accepted or not. •  The law requires employers or heads of office to perform certain duties at the pain of being solidarily liable with the offender. •  The Decorum and Investigation Committee is the one tasked to investigate and resolve sexual harassment cases. 1. Concept Work, education […]
- [Telecommuting](https://laborlaw.ph/telecommuting/): 1. Concept As used in R.A. 11165, the term “telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies. (Section 3, R.A. 11165, Telecommuting Act) Telecommuting – refers to a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer technologies. (Section 2[b], DOLE Department Order No. 202, Series of 2019, Implementing Rules and Regulations of R.A. 11165) Alternative workplace – refers to a location other than the regular workplace. (Section 2[a], Ibid.) Telecommuting agreement – refers to the mutual consent […]
- [Broken-Time](https://laborlaw.ph/broken-time/): Summary ▪ Broken-time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept Broken-time schedule – refers to one where the work schedule is not continuous but the work-hours within the day or week remain. (Paragraph 1[5], Part III, DOLE DA 2-09) 2. Administration The parties to the flexible work arrangements shall be primarily responsible for its administration. (Paragraph 1, Part IV, Ibid.) In case of differences of interpretation, the following guidelines shall be observed: […]
- [Compressed Workweek](https://laborlaw.ph/compressed-workweek/): Summary ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work hours of 48 hours per week shall remain. ▪ A workday should not exceed 12 hours in a compressed workweek. ▪ The effectivity and implementation of any of the flexible work arrangements shall be based on voluntary agreements between the employer and the employees. ▪ The adoption of the flexible work arrangements provided herein shall in no case result in diminution of existing benefits of the employees. ▪ The employer shall notify DOLE of the adoption […]
- [Gliding or Flex-Time Schedule](https://laborlaw.ph/gliding-or-flex-time-schedule/): Summary ▪ Gliding or flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free to determine their arrival and departure time. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept “Gliding or flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free to determine their arrival and departure time. (Paragraph 1[2], Part III, DOLE DA 04-10) 2. Administration “The parties to the flexible work arrangements shall be primarily responsible for its administration.” […]
- [Flexi-Holidays](https://laborlaw.ph/flexi-holidays/): Summary ▪ Flexi-holidays schedule refers to one where the employees agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept Flexi-holidays schedule refers to one where the employees agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement. (Paragraph 1[3], Part III, DOLE DA 04-10) 2. Administration The parties to the flexible work arrangements shall be primarily responsible for […]
- [Rotation of Workdays](https://laborlaw.ph/rotation-of-workdays/): Summary ▪ Rotation of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept Rotation of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months. (Paragraph 1[2], Part III, DOLE DA 2-09) 2. Administration The parties to the flexible work arrangements shall be primarily responsible for its administration. (Paragraph 1, Part IV, Ibid.) In case of differences of interpretation, the following guidelines […]
- [Rotation of Workers](https://laborlaw.ph/rotation-of-workers/): Summary ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek. ▪ The employer shall notify DOLE of the adoption of such flexible work arrangement. 1. Concept Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek. (Paragraph 1[3], Part III, DOLE DA 2-09) 2. Administration The parties to the flexible work arrangements shall be primarily responsible for its administration. (Paragraph 1, Part IV, Ibid.) In case of differences of interpretation, the following guidelines shall be observed: 1) The differences shall be treated as […]
- [Forced Leave](https://laborlaw.ph/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 are required to leave to go on leave for several days or weeks utilizing their leave credits if there are any. (Paragraph 1[4], Part III, DOLE DA 2-09) 2. Administration The parties to the flexible work arrangements shall be primarily responsible for its administration. (Paragraph 1, […]
- [Flexible Work Arrangements](https://laborlaw.ph/flexible-work-arrangements/): 1. Concept Flexible work arrangements refer to alternative arrangements or schedules other than the traditional or standard workhours, workdays and workweek. (DOLE LABOR ADVISORY NO. 4, SERIES OF 2010, Part II; henceforth “DOLE LA-4”) NB: Similar definition is provided for under DOLE DEPARTMENT ADVISORY NO. 2, SERIES OF 2009, Paragraph 2; henceforth, “DOLE DA-2” 2. Purpose In view of the rapid technological innovations, the continuing streamlining and transformation of the work processes brought about by the globalization phenomena, [DOLE LA 4-10] [was] issued to assist and guide employers and employees in the implementation of various flexible work arrangements. The adoption of […]
- [Fixed-Term Employment Contract](https://laborlaw.ph/fixed-term-employment-contract/): Summary ⦁ A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or a certain period of time. ⦁ Fixed term employees should have willfully and voluntarily entered into the fixed term employment contract. ⦁ Fixed term employees should have bargained on equal footing on the terms and conditions of employment. ⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee. ⦁ Burden of proof is on the employer when a non-regular employment is challenged. 1. Legal basis Not in the […]
- [Seasonal Employment Contract](https://laborlaw.ph/seasonal-employment-contract/): Summary ⦁ A seasonal employment contract is an employment arrangement between an employer and a seasonal employee wherein the latter has been engaged to render work during a season ⦁ The employer must be justified in hiring additional help via seasonal employees. ⦁ Seasonal employee should work during the specified season only. ⦁ Regular seasonal employees are those who are regularly hired for a season. ⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee. 1. Concept A seasonal employment contract is an employment arrangement between an employer and a seasonal employee. A seasonal employee […]
- [Project Employment Contract](https://laborlaw.ph/project-employment-contract/): Summary ⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking. ⦁ The project’s completion or termination should be determined or determinable at the time of the engagement of the project employee. ⦁ The existence of a project is vital to the validity of the project employment. ⦁ Project employment is co-terminus with the project. ⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee. 1. Legal basis Labor Code ART. 295. [280] Regular and Casual […]
- [Casual Employment Contract](https://laborlaw.ph/casual-employment-contract/): Summary ⦁ A casual employment contract is an employment arrangement between an employer and a casual employee wherein the latter performs work that is incidental to the business. ⦁ Casual employees are those who perform work that is incidental to the business of the employer. ⦁ The employment of casual employees should not exceed twelve (12) months. ⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee. ⦁ Burden of proof is on the employer when a non-regular employment is challenged. 1. Legal basis Labor Code ART. 295. [280] Regular and Casual Employment.  The provisions […]
- [Probationary Employment Contract](https://laborlaw.ph/probationary-employment-contract/): Summary ⦁ A probationary employment contract is an employment arrangement between an employer and a probationary employee wherein the latter will be required to undergo a probationary period to determine their fitness to qualify for regular employment. ⦁ The probationary employment should not exceed 180 calendar days. ⦁ The standards or criteria for regular employment should be made known to the employee on/before the engagement. ⦁ Probationary employees enjoy security of tenure. ⦁ Non-compliance of the requirements may result in the employee being reclassified as a regular employee. 1. Legal basis Labor Code ART. 296. [281] Probationary Employment. Probationary employment shall […]
- [Regular Employment Contract](https://laborlaw.ph/regular-employment-contract/): Summary ▪ A regular employment contract is an employment arrangement between an employer and a regular employee wherein the latter has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer. ▪ There are those deemed regular employees due to the employer’s non-compliance with labor laws. ▪ Regular employees have no specific end to their employment unlike non-regular employees. ▪ Employees are presumed regular unless proven otherwise. 1. Legal basis Labor Code ART. 295. [280] Regular and Casual Employment. The provisions of written agreement to the contrary notwithstanding and regardless of […]
- [Principles of Employment Contracts](https://laborlaw.ph/principles-of-employment-contracts/): Summary • Employment is generally a consensual contract which means it can be created by mere consent. • Principle of autonomy applies to employment contracts. • Regular employment is the default status of an employee. • Burden of proof is on the employer to prove that an employee is a non-regular. • The law determines the nature of employment, and not the parties. • Job offer may constitute as an employment contract. 1. Concepts Employment contract – refers to a contract whereby an employee would render services in exchange for compensation to be paid by the employer. a. Essential requisites of […]
- [Non-resident Alien Employees](https://laborlaw.ph/non-resident-alien-employees/): 1. Summary ▪ Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP) prior to working in the Philippines. ▪ They are prohibited from transferring employment without prior approval from the DOLE Secretary. ▪ An employment contract is void if there is no alien employment permit. 2. Concept Any foreigner or alien seeking admission to the Philippines for employment purposes and any domestic or foreign employer who desires to engage an alien for employment in the Philippines shall obtain an alien employment permit (AEP) from the Department of Labor and Employment. (Article 40, Labor Code) 3. Requirements The […]
- [Guide: Batas Kasambahay or Domestic Workers Act](https://laborlaw.ph/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 performs domestic work only occasionally or sporadically and not on an occupational basis. (Section 3[e], Rule I, IRR of R.A. 10361) “Children under foster family arrangement” refers to children who are living with a family or household of relative/s and are provided access to education and […]
- [Workers Paid by Results: Piece-rate, Pakyao, Takay, Task basis](https://laborlaw.ph/workers-paid-by-results/): 1. Concept Workers paid by results – refer to ‘those whose pay is calculated in terms of the quantity or quality of their work output which includes “pakyaw” work and other non-time work.’ (David v. Macasio, G.R. No. 195466, 02 July 2014, Per Brion, J.) They include those who are paid on piecework, takay, pakyaw or task basis. (Paragraph 8, Article 124, Labor Code) a. Method of pay computation Engagement of workers paid by results, including piece-rate workers and those engaged as ‘pakyao’, ‘takay’, or task basis, is a method of pay computation and thus not determine the employment relationship between […]
- [Field Personnel](https://laborlaw.ph/field-personnel/): 1. Concept Field personnel – refers to ‘non-agricultural employees who regularly perform their duties away from the principal place of business or branch office of the employer and whose actual hours of work in the field cannot be determined with reasonable certainty.’ (Paragraph 3, Article 82, P.D.442, Labor Code; See also Section 1[e], Rule II, Book III, Omnibus Rules Implementing the Labor Code) ‘As a general rule, [field personnel] are those whose performance of their job/service is not supervised by the employer or his representative, the workplace being away from the principal office and whose hours and days of work cannot […]
- [Rank-and-File Employees](https://laborlaw.ph/rank-and-file-employees/): 1. Summary ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees. 2. Concept “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. All employees not falling within any of the above definitions are considered rank-and-file employees for purposes […]
- [Supervisory Employees](https://laborlaw.ph/supervisory-employees/): 1. Summary ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. 2. Concept Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment. (Article 219[212][m], Labor Code; cf. Section 1[o], Rule I, Book V, Omnibus Rules Implementing the Labor Code) .. References ▪ P.D. 442, […]
- [Managerial Staff](https://laborlaw.ph/managerial-staff/): 1. Summary ▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their employer. 2. Concept Officers or members of a managerial staff are those who perform the following duties and responsibilities: 1) The primary duty consists of the performance of work directly related to management policies of their employer; 2) Customarily and regularly exercise discretion and independent judgment; and 3) (a) Regularly and directly assist a proprietor or a managerial employee whose primary duty consists of the management of the establishment in which he is employed or subdivision […]
- [Managerial Employees](https://laborlaw.ph/managerial-employees/): 1. Summary ▪ Managerial employees have various definitions under the Labor Code. 2. Concept Managerial employees have various definitions under the Labor Code. The term varies depending on the Book or Title where managerial employees are being discussed or covered by certain provisions as will be discussed herein. a. Labor Code – Book Three, Title I Under the Labor Code, Book Three – Conditions of Employment, Title I – Working Conditions and Rest Periods, defines managerial employees as follows: “As used herein, ‘managerial employees’ refer to those whose primary duty consists of the management of the establishment in which they are […]
- [Government Employees](https://laborlaw.ph/government-employees/): 1. Concept Government employees – refer to ‘those employed by the National Government or any of its political subdivisions, including those employed in government-owned and/or controlled corporation.’ (Section 2[a], Rule I, Book III, Omnibus Rules Implementing the Labor Code) a. Governing law The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations. Their salaries shall be standardized by the National Assembly as provided for in the New Constitution. However, there shall be no reduction of existing wages, benefits and other terms and conditions […]
- [Retraction Letter](https://laborlaw.ph/retraction-letter/): Summary ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal of the employment offer. 1. Concept A retraction letter is a formal written notice from the employer informing a job candidate who have been signed for employment that the latter is being withdrawn. a. Validity Q: Is a retraction letter involving an employment contract with suspensive conditions valid? A: Yes, provided that the employment contract is clear with the suspensive conditions. Case Law Sagun v. ANZ Global Services and Operations (Manila), Inc.G.R. No. 220399, 22 August 2016 • An applicant signed […]
- [Telecommuting Report](https://laborlaw.ph/telecommuting-report/): Summary Employers adopting a telecommuting work arrangement is required to submit a report to DOLE. Applicable laws, regulations DOLE Department Order No. 202, Series of 2019 (DOLE DO 202-19) Compliance Report Notice and Monitoring “The employer shall notify the DOLE on the adoption of a telecommuting work arrangement, by accomplishing the DOLE prescribed report form and submitting the same in print or digital copy, to the nearest DOLE Field or Provincial Office having jurisdiction over the area where the principal office is located.” (Paragraph 1, Section 7, DOLE DO 202-19) “If the employer has branches or operational units outside the region […]
- [Schemes Adopted during Period of Economic Difficulties Report](https://laborlaw.ph/schemes-adopted-during-period-of-economic-difficulties-report/): Summary Employers adopting flexible work arrangements, including schemes adopted during period of economic difficulties, are required to submit a report to DOLE. Applicable laws, regulations DOLE Department Advisory No. 2, Series of 2009 (DOLE DA 2-09) Notice to DOLE “The employer shall notify the [DOLE] through the Regional Office which has jurisdiction over the workplace, copy furnished the Bureau of Working Conditions, of the adoption of any of the above flexible work arrangements,” including schemes adopted during period of economic difficulties. (Part V, DOLE DA 02-09) Download: DOLE Report – Schemes Adopted during Period of Economic Difficulties — Reference/s DOLE Department […]
- [Establishment Termination Report](https://laborlaw.ph/establishment-termination-report/): Summary The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure. Applicable laws, regulations DOLE Labor Advisory No. 17-A, Series of 2020 (DOLE LA 17-A-20) Compliance Report The DOLE RKS Form 5, Series of 2020, otherwise known as the Establishment Termination Report, “shall be accomplished by establishments for: a) Flexible Work Arrangement / Alternative Work Scheme; b) Temporary Closure; Retrenchment / Reduction of Workforce; and d) Permanent Closure.” (Paragraph 1, DOLE LA 17-A-20) Personal / Online Submission The report “shall be submitted personally or online to the appropriate DOLE […]
- [DO-174 Semi-Annual Reports](https://laborlaw.ph/do-174-semi-annual-reports/): Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order No. 174, Series of 2017 (DOLE DO 174-17) Compliance Report Semi-Annual Reporting “The contractor shall submit in triplicate its subscribed semi-annual report using a prescribed form to appropriate Regional Office. The report shall include: a) A list of contracts entered with the principal during the subject reporting period; b) The number of workers covered by each contract with the principal; c) Proof of payment of the Social Security System (SSS), the Pag-IBIG Fund, PhilHealth, Employees Compensation Commission (ECC), and Bureau of […]
- [Compressed Workweek Report](https://laborlaw.ph/compressed-workweek-report/): Summary The employer shall notify DOLE of the adoption of any of the above flexible work arrangements. Applicable laws, regulations DOLE Labor Advisory No. 4, Series of 2010 (DOLE LA 4-10) DOLE Department Advisory No. 2, Series of 2009 (DOLE DA 2-09) Notice to DOLE “The employer shall notify the [DOLE] through the Regional Office which has jurisdiction over the workplace, copy furnished the Bureau of Working Conditions, of the adoption of any of the above flexible work arrangements,” including compressed workweek. (Part V, DOLE LA 4-10.) “Prior to its implementation, the employer shall notify [DOLE] through the Regional Office which […]
- [13th Month Pay Report](https://laborlaw.ph/13th-month-pay-report/): Summary Every covered employer is required to make a report of the establishment’s compliance with the 13th Month Pay Law to the nearest Regional Office not later than January 15 of each year. Applicable laws, regulations DOLE Labor Advisory No. 18, Series of 2018 (DOLE LA 18-18) Compliance Report “Every covered employer is required to make a report of the establishment’s compliance with the 13th Month Pay Law to the nearest Regional Office not later than January 15 of each year.” (Part VI, DOLE LA 18-18) “The report shall conform substantially with the following form: Report on Compliance with PD 851 […]
- [No Work, No Pay](https://laborlaw.ph/no-work-no-pay/): Summary ▪ The principle of no-work, no pay is the basic factor in determining employee wages. ▪ This is based on the age-old rule of “a fair day’s wage for a fair day’s work.” ▪ If the employee is ready, willing, and able to do work, but is prevented form working, he is paid. 1. Concept A fair day’s wage for a fair day’s labor is the principle behind no work, no pay The age-old rule governing the relation between labor and capital, or management and employee of a ‘fair day’s wage for a fair day’s labor’ remains as the basic […]
- [Mandatory Workplace Policies and Programs](https://laborlaw.ph/mandatory-workplace-policies-and-programs/): Summary ▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the workplace. ▪ In contrast to mandatory workplace policies and programs, company-initiated policies and programs are those developed and implemented by the employer as an exercise of its management prerogative. 1. Concept Workplace policies and programs are company policies. By default, company policies are within the employer’s management prerogative. Meaning, it is the employer’s prerogative on whether to develop and implement certain workplace policies and programs, particularly if these would be beneficial the organization. For example, some […]
- [Promotion of an Employee](https://laborlaw.ph/promotion-of-an-employee/): Summary ▪ Promotion is the advancement of a position with an increase in duties and responsibilities. ▪ Increase of salary is incidental, and not required. ▪ Acceptance by an employee is required for a promotion to be valid. 1. Concept Promotion – refers to the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Coca-Cola Bottlers Philippines, Inc. v. Del Villar, G.R. No. 163091, 06 October 2010) a. Increase of salary, not determinative For promotion to occur, there must be an advancement from one position […]
- [Lay-off and Recall of Employees](https://laborlaw.ph/lay-off-and-recall-of-employees/): Lay-off and recall of employees are included in the employer’s management prerogative. Lay-off may be temporary or permanent.Recall of employees apply only to temporarily laid-off employees. 2. Concepts “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including… lay-off of workers… and recall of workers.” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007) a. Lay-off of employees “Lay-off” – refers to “the severance of employment, through no fault of and without prejudice to the employee, resorted to by management during […]
- [Discipline and Dismissal of Employees](https://laborlaw.ph/discipline-and-dismissal-of-employees/): Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense. 2. Concept “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees.” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007) “In general, management has the prerogative to discipline its employees and […]
- [Transfer of Employees](https://laborlaw.ph/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, all aspects of employment, including… transfer of employees…” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007) A “transfer” – is a “movement from one position to another which is of equivalent rank, level or salary, without break in service.” (Tinio v. CA, […]
- [Work Supervision](https://laborlaw.ph/work-supervision/): 1. Summary ⦁ Work supervision is a management prerogative. ⦁ Employers are required to observe due diligence in the supervision of its employees. ⦁ Employers are vicariously liable for injury committed to third persons by their employees while doing their work. 2. Concept “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including… work supervision.” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007) Work supervision – refers to the oversight, guidance, and direction on the employee in matters relating to […]
- [Time, Place, and Manner of Work](https://laborlaw.ph/time-place-and-manner-of-work/): 1. Summary ▪ Time, place, and manner of work is a management prerogative. ▪ Manner of work includes working methods and work assignments. 2. Concepts The time of work refers to the time when the work starts and ends, including work schedules and work shifts, among others. The place of work refers to the place where work is to be performed or done, including the Company’s office, a work site such as a manufacturing facility or another place outside the office, deployment to a client’s work premises, telecommuting areas such as in shared offices or at the employee’s home, among others. […]
- [Selection and Hiring of Employees](https://laborlaw.ph/selection-and-hiring-of-employees/): Selection and hiring of employees are included in management prerogative. 2. Concept Selection and hiring refer to the process undertaken by an employer to determine the suitableness of an applicant for employment. “Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring…” (Rural Bank of Cantilan, Inc. v. Julve, G.R. No. 169750, 27 February 2007) 3. Right to select a. A factor in the four-fold test of employment To ascertain the existence of an employer-employee relationship jurisprudence has invariably adhered to the four-fold test, […]
- [Management Prerogative](https://laborlaw.ph/management-prerogative/): Management prerogative is the inherent right of the employer to regulate all aspects of employment. There are two limitations to management prerogative: (a) good faith, and (b) employee rights. 1. Concept “Management prerogative” – refers to the employer’s bundle of rights in relation to all aspects of employment, from pre-employment to post-employment, and everything in between. Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of […]
- [Four-day Workweek](https://laborlaw.ph/four-day-workweek/): With the rising prices of gas and the still ongoing pandemic, there is clamor from many sectors for the adoption of a 4-day workweek – to which even the DOLE has reiterated the rule that such is a management prerogative. 1. Concept of a 4-day workweek A 4-day workweek is what it suggests – i.e. a workweek composed of four days only. Please note that this 4-day workweek is actually a form of compressed workweek, wherein workhours for other days are transferred to other days resulting in a workday with more than eight (8) hours without the corresponding overtime pay since […]
- [No Extension of Probationary Employment](https://laborlaw.ph/no-extension-of-probationary-employment/): Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let’s discuss.
- [Publication of Separated Employees](https://laborlaw.ph/publication-of-separated-employees/)
- [OSHS Compliance](https://laborlaw.ph/oshs-compliance/): What is Occupational Safety and Health Standards (OSHS) Compliance? Let’s discuss.
- [Cases: Resignation](https://laborlaw.ph/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, 1995. It is provided in the collective bargaining agreement (CBA) that a mid-year bonus shall be granted to the employees who are covered by the bargaining unit as of June 1 of the covered year, viz.: Sec. 2. Mid-Year Bonus — The COMPANY agrees to grant […]
- [Regularization by the DOLE](https://laborlaw.ph/regularization-by-the-dole/): What is DOLE regularization and why it matters? Let’s discuss.
- [Radiobroadcaster challenges quitclaim after receiving payment](https://laborlaw.ph/radiobroadcaster-challenges-quitclaim-after-receiving-payment/): The employee was a radio broadcaster and production manager hired by the employer, a radio broadcasting company, for its radio station. Years later, the employer implemented a reformatting and restructuring of the programming of the radio station. This resulted in separating the employee and his co-workers via retirement. The employee signed a quitclaim in exchange for ₱311,922.00 as full settlement for all monetary claims, including retirement benefits. Five months after receiving his benefits, the employee filed for illegal dismissal with money claims. Labor Law Case: Radio Mindanao Network, Inc. v. Amurao III, G.R. No. 167225, 22 October 2014
- [Lawyer's transfer attended with bad faith](https://laborlaw.ph/lawyers-transfer-attended-with-bad-faith/): The employee – a Lawyer hired as an Assistant Vice-President and Head of the Pensions Department – filed a case for constructive dismissal after experiencing varying degrees of difficulties and discrimination in the company. In response, the employer claimed that the employee refused to be transferred and re-assigned as the Assistant Vice-President of the Legal Department. Labor Law Case: The Philippine American Life and General Insurance Co. v. Gramaje, G.R. No. 156963, 11 November 2004
- [College dean loses benefits and privileges after transfer](https://laborlaw.ph/college-dean-loses-benefits-and-privileges-after-transfer/): The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the College of Physical Therapy (which was closed due to low enrollment) to having a teaching load in the College of Nursing. The employer arrived at this management decision considering that the employee had signed a Scholarship Contract requiring her to serve at least 10 years in exchange for the grant. When the College of Physical Therapy was abolished, the employee still had 2 years left to serve. Labor Law Case: Barba v. Liceo De Cagayan University, […]
- [Sales clerks dismissed then made to sign quitclaims](https://laborlaw.ph/sales-clerks-dismissed-then-made-to-sign-quitclaims/): Gloria and Joy were hired respectively as sales clerk and header by the employer, a shop. Sometime thereafter, they were allegedly dismissed from service for no reason and made to sign quitclaims in exchange for separation pay – Php15,000.00 to Gloria and Php4,000.000 to Joy. Thereafter, they filed for illegal dismissal. In response, the employer claimed they resigned and showed resignation letters containing quitclaims in the body. Labor Law Case: Carolina’s Lace Shoppe v. Maquilan, G.R. No. 219419, 10 April 2019
- [Seafarers question quitclaims after receiving payment](https://laborlaw.ph/seafarers-question-quitclaims-after-receiving-payment/): The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde Islands. Sometime thereafter, fishing operations ceased resulting in the separation of the employees who signed quitclaims in exchange for full settlement amounts, which were higher than those provided under Philippine laws. Labor Law Case: Poseidon International Maritime Services, Inc. v. Tamala, G.R. No. 186475, 26 June 2013
- [Security guard signs a pro-forma resignation letter with quitclaim](https://laborlaw.ph/security-guard-signs-a-pro-forma-resignation-letter-with-quitclaim/): The employee was hired as a security guard by the employer, a security service provider. After inquiring from the employer’s client whether their backwages were already paid to the employer, he was allegedly relieved from his post and never given another assignment. In exchange for paying his money claims, he was allegedly instructed to copy in his handwriting the resignation letter provided to him. A day after receiving the meager amount of Php5,000.00, he filed for illegal dismissal. Labor Law Case: Mobile Protective & Detective Agency v. Ompad, G.R. No. 159195, 09 May 2005
- [Medical representative tricked into resigning and signing a quitclaim](https://laborlaw.ph/medical-representative-tricked-into-resigning-and-signing-a-quitclaim/): The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company. Sometime thereafter, the employer announced a merger with another company and thus “the employees were advised to keep their options open and to look for other jobs.” Being a family man, the employee looked for employment elsewhere. When he found another employer, he tendered his resignation and signed a quitclaim after receiving his benefits. Later, it was discovered by the company union that a buy-out of the employer’s assets, and not a merger, was being discussed. Thus, after bargaining, the company […]
- [Digest: Inocente v. St. Vincent Foundation for Children and Aging, Inc. (2016)](https://laborlaw.ph/digest-inocente-v-st-vincent-foundation-for-children-and-aging-inc-2016/): Inocente v. St. Vincent Foundation for Children and Aging, Inc.G.R. No. 202621, 22 June 2016 [The employer] St. Vincent Foundation for Children and Aging, Inc., is a non-stock, non-profit foundation engaged in providing assistance to children and aging people and conducting weekly social and educational activities among them. It is financially supported by the Kansas based Catholic Foundation for Children and Aging (CFCA), a Catholic foundation dedicated to promoting Christian values and uplifting the welfare of the children all over the world. Respondent [Ms.] Menguito is St. Vincent’s President/Directress (collectively, they shall be referred to as respondents). In 2000, St. Vincent […]
- [Quitclaims, Waivers, and Releases](https://laborlaw.ph/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
- [Consequences of Illegal Dismissal](https://laborlaw.ph/consequences-of-illegal-dismissal/): Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement (or separation pay in lieu of reinstatement) 3) Moral Damages 4) Exemplary Damages 5) Nominal Damages 6) 10% Attorney’s Fees 7) Solidary Liability for Corporate Officers Of all the possible labor complaints, illegal dismissal carries the heaviest penalty and the most potential for liability as shown above. Many companies have ended up paying huge amounts to settle a monetary award for illegal dismissal. Some end up closing their businesses when their assets are insufficient to settle the judgment. 2. Full backwages […]
- [Explainer: Illegal dismissal](https://laborlaw.ph/explainer-illegal-dismissal/): Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. For more discussions, refer to Due Process. a. Just cause termination, a.k.a. due process termination In all cases of termination of employment, the standards of due process laid down in Article 299 (b) of the Labor Code (just causes), as amended, and settled […]
- [DOLE Inspection Report](https://laborlaw.ph/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.”
- [Cases: Analogous Causes](https://laborlaw.ph/cases-analogous-causes/): 1. Failure to observe a continuing qualification The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee. YRASUEGI v. PHILIPPINE AIRLINES, INC., G.R. No. 168081, 17 October 2008 [Background] • [The employee – an International Flight Steward – was dismissed for having failed to maintain a weight requirement.] • [The] case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company. [Resolution] • A reading of the weight standards of PAL would lead […]
- [Analogous Causes](https://laborlaw.ph/analogous-causes/): Analogous cause refers to those similar to the enumerated just causes.
- [Cases: Commission of a Crime](https://laborlaw.ph/cases-commission-of-a-crime/): 1. Due process despite crime Commission of a crime does not do away with due process. When an employee physically assaults the employer or his duly authorized representative like a manager, the Company should still proceed with due process termination. Many employers mistakenly rely on the investigation conducted by the authorities or the prosecutor. When there is a finding of probable cause resulting in the case being filed in court, several employers incorrectly use this as basis for terminating the employee. This is incorrect. Employers are still required to conduct its own administrative investigation regarding the incident and comply with due […]
- [Commission of a Crime](https://laborlaw.ph/commission-of-a-crime/): 1. Concept “Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives” – refers to the commission of a crime or offense against the person of the employer, his/her immediate family member, or his/her duly authorized representatives. Thus, not all crimes or offenses may be used/cited to support this just cause as it specifically and categorically states that the crime or offense must be against the person, which denotes bodily harm or injury. 2. Standards DOLE D.O. 147-15 provides for the standards. To be […]
- [Cases: Loss of Trust and Confidence](https://laborlaw.ph/cases-loss-of-trust-and-confidence/): 1. Confidential employees In Cruz v. Citytrust Banking Corporation, the confidential employee – a Micro Technical Support Officer – was dismissed after receiving unauthorized commissions and rebates by a supplier for purchases made by his employer. Accordingly, the confidential employee lost the trust and confidence reposed upon him by his employer after he receiving unauthorized commissions and rebates from a supplier. CRUZ v. CITYTRUST BANKING CORPORATION, G.R. No. 148544, 12 July 2006 • There is no dispute that [the employee] is a confidential employee. During his cross-examination, he testified that aside from evaluating and recommending the purchase of Micro Computers, he […]
- [Cases: Fraud](https://laborlaw.ph/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 dismissal for a just or lawful cause must still be made upon compliance with the requirements of due process under the Labor Code; otherwise, the employer is liable to pay nominal damages as indemnity to the dismissed employee. (Concepcion v. Minex Import Corporation, G.R. No.153569, 24 […]
- [Fraud](https://laborlaw.ph/fraud/): 1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to perform his job, to the detriment of the employer and the latter’s business.” (International School Manila v. Santos, G.R. No. 167286, 05 February 2014) An employee committing fraud is deceiving the employer. This usually comes in the form of serious dishonesty or concealment of a material […]
- [Cases: Gross and Habitual Neglect](https://laborlaw.ph/cases-gross-and-habitual-neglect/): 1. Absenteeism and tardiness The employee’s absenteeism and tardiness has serious adverse effects on the business of the employer. Accordingly, when such amounts to gross and habitual neglect of duty, absenteeism and tardiness may be a ground for dismissal under just cause. MANSION PRINTING CENTER v. BITARA, G.R. No. 168120, 25 January 2012 [Background] • [The employee – a Company Driver – was dismissed after numerous absences and tardiness.] [Resolution] • [H]is weekly time record for the first quarter of the year 2000 revealed that he came late nineteen (19) times out of the forty-seven (47) times he reported for work. […]
- [Cases: Willful Disobedience](https://laborlaw.ph/cases-willful-disobedience/): 1. Transfer of employees Transfer of employees is a management prerogative. Running a business is filled with difficulties and challenges, particularly when it comes to managing human resource. As such, the employer is given a wide latitude to regulate all aspects of employment via the management prerogative – to ensure the success of the company and continued employment of the employees. Management prerogative includes the right to transfer employees. There, are however, limitations to the exercise of this right by the employer to transfer employees. It should be done in good faith and with due regard to the rights of the […]
- [Cases: Serious Misconduct](https://laborlaw.ph/cases-serious-misconduct/): 1. Sexual Harassment Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008) In one case, the Supreme Court expressed in strong terms that sexual harassment is a valid cause for employee termination: “Sexual harassment abounds in all sick societies. It is reprehensible enough but more so when inflicted by those with moral ascendancy over their victims. We [the Supreme Court] rule that it is a valid cause for separation from […]
- [Just Cause Procedure](https://laborlaw.ph/just-cause-procedure/): 1. Summary ⦁ Just cause procedure refers to the steps or process of implementing due process in relation to termination of employment. ⦁ There are 3 steps in a just cause procedure. ⦁ If there is no just cause procedure, the dismissal is valid but the employer may be held liable for nominal damages. 2. Concept Just cause procedure refers to the steps or process of implementing due process in relation to termination of employment. 3. Procedure The following are the steps: Step 1: Issuance of 1st Written Notice Step 2: Observance of Ample Opportunity to Explain Step 3: Issuance of […]
- [Bonus or Special Incentives](https://laborlaw.ph/bonus-or-special-incentives/): A bonus is a gratuity or act of liberality of the giver which the recipient has no right to demand as a matter of right. It is something given in addition to what is ordinarily received by or strictly due the recipient. 1. Concept “Bonus” – refers to a gratuity or act of liberality of the giver which the recipient has no right to demand as a matter of right. It is something given in addition to what is ordinarily received by or strictly due the recipient. (Philippine National Construction Corporation v. NLRC, PNCC-TOEWU, G.R. No. 117240, 02 October 1997) [T]he […]
- [Productivity Standards](https://laborlaw.ph/productivity-standards/): An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. 1. Concept An employer is entitled to impose productivity standards for its employees, and the latter’s non-compliance therewith can lead to his termination from work. (Puncia v. Toyota Shaw/Pasig, Inc., G.R. No. 214399, 28 June 2016) An employer is entitled to impose productivity standards for its workers, and in fact, non-compliance may be visited with a penalty even more severe than demotion. Thus, the practice of a company in laying off workers because they failed to make the […]
- [Employment Bond](https://laborlaw.ph/employment-bond/): “Employment bond” – refers to a contractual stipulation requiring an employee to stay employed with the employer for a certain length of time, and it often comes with a penalty if the employment duration is not complied with.
- [Employer-employee Relationship Tests](https://laborlaw.ph/employer-employee-relationship-tests/): 1. Concept The tests on employer-employee relationship are designed to address the issue on whether there is an employer-employee relationship between a complainant alleging that he/she is an employee and the Company stating otherwise. The dispute on the employment status of an individual arises due to several reasons, such as misclassification, incorrect contract, and as a result of labor law violations. If there is a dispute on whether there is an employer-employee relationship between the parties, there are two (2) tests that are followed by the courts, namely: 1) Four-fold test; and 2) Socio-economic test. 2. Four-fold test To ascertain the […]
- [Bona Fide Occupational Qualification (BFOQ)](https://laborlaw.ph/bona-fide-occupational-qualification-bfoq/): 1. Concept Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job. The qualification is called a bona fide occupational qualification (BFOQ). (Yrasuegi v. Philippine Airlines, Inc., G.R. No. 168081, 17 October 2008) a. Legal basis [T]he Constitution, the Labor Code, and RA No. 727761 or the Magna Carta for Disabled Persons contain provisions similar to BFOQ. (Ibid.) b. Not a statutory defense [T]here is no merit to the argument that BFOQ cannot be […]
- [Debt Collection Industry](https://laborlaw.ph/debt-collection-industry/): 1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits. (Section 2[a], Rule I DOLE Department Order No. 155, Series of 2016) “Collector” – refers to a person engaged by a collection entity or agency to perform purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits. (Section 2[b], Rule I, Ibid.) “Delinquent Account” – refers to non-payment of, or payment of any amount less than, the minimum […]
- [Surface Mine Workers](https://laborlaw.ph/surface-mine-workers/): 1. Concepts “Surface mine workers” – shall only include mill plant workers, electrical, mechanical and tailings pond personnel. (Paragraph 6, Article 302, P.D. 442, Labor Code, as amended by R.A. 10757) 2. Retirement An underground or surface mining employee upon reaching the age of fifty (50) years or more, but not beyond sixty (60) years which is hereby declared the compulsory retirement age for both underground and surface mine workers, who has served at least five (5) years as underground or surface mine worker may retire and shall be entitled to all the retirement benefits provided for in [Article 302 of […]
- [Company Practice](https://laborlaw.ph/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, the benefit must be consistently and deliberately granted by the employer over a long period of time. It requires an indubitable showing that the employer agreed to continue giving the benefit knowing fully well that the employee is not covered by any provision of law or […]
- [Cases: 13th month pay](https://laborlaw.ph/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 in the Company’s Articles of Incorporation. Sometime later, she was terminated from his employment. When he filed for illegal dismissal with monetary claims, one of the issues pertained to her claim for 13th month pay. To which the employer argued against alleging that she was a […]
- [Mental Health Workplace Policy](https://laborlaw.ph/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 Policies and Programs for the Private Sector (the “Guidelines”). 2. Scope and coverage [The Guidelines] apply to all workplaces and establishments in the formal sector including those which deploy Overseas Filipino Workers (OFWs). (Section 2, DOLE Department Order No. 53, Series of 2003) The Department of […]
- [Drug-free Workplace, Mandatory Policy](https://laborlaw.ph/drug-free-workplace-mandatory-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”) 2. Coverage  [T]he… guidelines shall apply to all establishments in the private sector, including their contractors and concessionaires. (Section A[1], DOLE Department Order No. 53, Series of 2003) 3. Formulation of drug-free workplace policies and programs 1) It shall be mandatory for all private establishments employing ten (10) or more workers to formulate and implement drug abuse prevention and control programs in the workplace, including […]
- [Hepatitis B Prevention and Control, Mandatory Policy](https://laborlaw.ph/hepatitis-b-prevention-and-control-mandatory-policy/): 1. Preliminary DOLE Department Advisory No. 05, Series of 2010 (“DO-05”) is entitled: Hepatitis B Workplace Policy and Program Guidelines for the Implementation of a Workplace Policy and Program on Hepatitis B (the “Guidelines”) Hepatitis B continues to be a major public health concern in the Philippines. Because it is transmitted through blood and body fluids, Hepatitis B is not spread through usual workplace activities. The job of most workers does not confer a risk for transmission of Hepatitis B. However, there are certain occupations which pose a higher risk of transmission of Hepatitis B because it involves exposure to potentially […]
- [HIV-AIDS Prevention and Control, Mandatory Policy](https://laborlaw.ph/hiv-aids-prevention-and-control-mandatory-policy/): 1. Preliminary DOLE Department Order No. 102, Series of 2010 provides for the Guidelines for the Implementation of HIV and AIDS Prevention and Control in the Workplace Program (the “Guidelines”) The guideline[s]… apply to all workplaces and establishments in the private sector. (Section I, DOLE Department Order No. 102, Series of 2010) 2. Formulation of workplace policy and program It is mandatory for all private workplaces to have a policy on HIV and AIDS and to implement a workplace program in accordance with the RA 8504 and its Implementing Rules and Regulations, the goals of the DOLE National Workplace Policy, the […]
- [Tuberculosis Prevention and Control, Mandatory Policy](https://laborlaw.ph/tuberculosis-prevention-and-control-mandatory-policy/): 1. Preliminary DOLE Department Order No. 73, Series of 2005 provides for the Guidelines for The Implementation of Policy and Program On Tuberculosis (TB) Prevention And Control The Workplace (the, “Guidelines”) [The] guidelines… apply to all establishments, workplaces and worksites in the private sector. (Section A, DOLE D.O. 73, Series of 2005) 2. Formulation of workplace policy and program on TB prevention and control a. Mandatory for the private sector It shall be mandatory for all private establishments, workplaces and worksites to formulate and implement a TB prevention and control policy and program. (Section B[1], Ibid.) b. Integral to OSH workplace […]
- [Working Conditions](https://laborlaw.ph/working-conditions/): Working conditions refer to the environment and terms/conditions of employment. 1. Coverage The provisions of [herein] shall apply to employees (“covered employees”) in all establishments and undertakings whether for profit or not, but not to government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results as determined by the Secretary of Labor in appropriate regulations. (Article 82, P.D. 442, Labor Code) As used herein, “managerial employees” refer to those whose primary duty consists of the […]
- [Women](https://laborlaw.ph/women/): Discrimination against women is prohibited. 1. Concepts “Women” – as contemplated by current labor law refers to workers who are anatomically or biologically classified as a female. 2. Facilities for Women The Secretary of Labor and Employment shall establish standards that will ensure the safety and health of women employees. In appropriate cases, he shall, by regulations, require any employer to: 1) Provide seats proper for women and permit them to use such seats when they are free from work and during working hours, provided they can perform their duties in this position without detriment to efficiency; 2) To establish separate […]
- [Minors](https://laborlaw.ph/minors/): Minors – refer to individuals who are below legal age. 1. Concepts “Child” or “Children” refers to person below eighteen (18) years of age or those over but are unable to fully take care of themselves or protect themselves from abuse, neglect, cruelty, exploitation or discrimination because of a physical or mental disability or condition. (Section 3[a], R.A. 7610, as amended) “Child abuse” refers to the maltreatment, whether habitual or not, of the child which includes any of the following: 1) Psychological and physical abuse, neglect, cruelty, sexual abuse and emotional maltreatment; 2) Any act by deeds or words which debases, […]
- [Homeworkers](https://laborlaw.ph/homeworkers/): Industrial workers are those who perform work in or about a home. 1. Concepts “Employer of homeworkers” – includes any person, natural or artificial who, for his account or benefit, or on behalf of any person residing outside the country, directly or indirectly, or through an employee, agent contractor, sub-contractor or any other person: 1) Delivers, or causes to be delivered, any goods, articles or materials to be processed or fabricated in or about a home and thereafter to be returned or to be disposed of or distributed in accordance with his directions; or 2) Sells any goods, articles or materials […]
- [Night Workers](https://laborlaw.ph/night-workers/): Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers’ representatives/labor organizations and employers. 1. Concepts “’Night worker” – means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit. This limit shall be fixed by the Secretary of Labor after consulting the workers’ representatives/labor organizations and employers. (Article 154, P.D. 442, Labor Code, as amended by R.A. 10151) 2. Coverage [The […]
- [Non-diminution of Benefits](https://laborlaw.ph/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 2014) a. Legal basis 1) 1987 Constitution Generally, employees have a vested right over existing benefits voluntarily granted to them by their employer. Thus, any benefit and supplement being enjoyed by the employees cannot be reduced, diminished, discontinued or eliminated by the employer. The principle of […]
- [Wages, Salaries, Remuneration](https://laborlaw.ph/wages-salaries-remuneration/): 1. Legal basis ART. 97. Definitions. – (f) “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, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value, as determined by the Secretary of Labor and Employment, of board, lodging, or other […]
- [Learners](https://laborlaw.ph/learners/): Learners are workers hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. 1. Concepts “Learners” – are persons hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months. (Article 73, P.D. 442, Labor Code) 2. When Learners May Be Hired Learners may be employed when no […]
- [Apprentices](https://laborlaw.ph/apprentices/): Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction. 1. Concepts “Apprenticeship” – means practical training on the job supplemented by related theoretical instruction. (Article 58[a], P.D. 442, Labor Code) “Apprentice” – is a worker who is covered by a written apprenticeship agreement with an individual employer or any of the entities recognized under this Chapter. (Article 58[b], Ibid.) “Apprenticeable occupation” – means any trade, form of employment or occupation which requires more than three (3) months of practical training […]
- [FAQ: Contracting via Individuals as Independent Contractors](https://laborlaw.ph/faq-contracting-via-individuals-as-independent-contractors/): Answers to frequently asked questions on individuals as independent contractors in the Philippines. 1. Are individuals who are independent contractors considered as employees? No, individuals who are independent contractors are not employees. They are engaged in the business of providing services through their special skills, expertise, or talent. 2. What is the consequence if there is a finding of an invalid independent contractor agreement? If there is a finding of an invalid independent contractor agreement, the supposed independent contractor would be declared to be an employee of the client/principal, who, in turn, would be considered as the employer. As an employee, […]
- [Cases: Contracting via Individuals as Independent Contractors](https://laborlaw.ph/cases-contracting-via-individuals-as-independent-contractors/): These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his unique skills, talent and celebrity status not possessed by ordinary employees, is a circumstance indicative, but not conclusive, of an independent contractual relationship. If [Complainant] did not possess such unique skills, talent and celebrity status, [the Company] would not have entered into the Agreement with [Complainant] […]
- [Contracting via Individuals as Independent Contractors](https://laborlaw.ph/contracting-via-individuals-as-independent-contractors/): Independent contractors are individuals who offer their services for a fee to a client/principal in the form of a business and thus they are not considered as employees but as professionals, talents, or freelancers. 1. Concept “Independent Contractor”– refers to an individual or a registered business offers services for a fee to a client/principal. (NB: There are two kinds of an independent contractor, namely: an individual who is skilled/talented/an expert, or a legitimate job contractor which is a registered business.) “Client” or “Principal” – refers to an individual or a registered business who has farmed out job, work, or service to […]
- [Assumption of Jurisdiction Power by the DOLE Secretary](https://laborlaw.ph/assumption-of-jurisdiction-power-by-the-dole-secretary/): 1. Concept When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration. Such assumption or certification shall have the effect of automatically enjoining the intended or impending strike or lockout as specified in the assumption or certification order. If one has already taken place at the time of assumption or certification, all striking or locked out employees shall immediately return […]
- [Picketing](https://laborlaw.ph/picketing/): 1. Concepts “Picketing” – refers to the right of workers to march to and fro before an establishment involved in a labor dispute generally accompanied by the carrying and displaying of signs, placards, and banners intended to inform the public about the dispute. (No. 27, Rule III, The Revised National Conciliation and Mediation Board Manual of Procedures for Conciliation and Prevention Mediation Cases, 2017 edition, henceforth the “2017 NCMB Manual”) A picket simply means to march to and from the employer’s premises, usually accompanied by the display of placards and other signs making known the facts involved in a labor dispute. […]
- [Lockout by the Employer](https://laborlaw.ph/lockout-by-the-employer/): 1. Concepts Lockout – refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute. (No. 20, Rule III, 2017 Revised NCMB Manual of Procedures for Conciliation and Prevention Mediation Cases) Lockout vote – refers to the majority vote of the members of the Board of Directors/Trustees of the corporation or association or of the partners in a partnership obtained by secret ballot in a meeting called for that purpose. (No. 21, Ibid.) Notice of lockout – refers to the notification filed by a registered labor union with the appropriate Regional Branch […]
- [Strike by the Union or Workers](https://laborlaw.ph/strike-by-the-union-or-workers/): 1. Concepts “Strike” – means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Article 219[o], P.D. 442, Labor Code) To strike is to withhold or to stop work by the concerted action of employees as a result of an industrial or labor dispute. The work stoppage may be accompanied by picketing by the striking employees outside of the company compound. While a strike focuses on stoppage of work, picketing focuses on publicizing the labor dispute and its incidents to inform the public of what is happening in the company […]
- [Voluntary Arbitration](https://laborlaw.ph/voluntary-arbitration/): 1. Concepts “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial persons who shall decide on the merits of the case and whose decisions is final, executory and unappealable. (Section 1[d], NCMB Procedural Guidelines in the Conduct of Voluntary Arbitration Proceedings) “Voluntary Arbitrator” — Arbitrator for short, refers to any person who has been accredited by the Board as such, or any person named or designated in the collective bargaining agreement by the parties as their voluntary arbitrator, or one chosen with the assistance of the Department of Labor […]
- [Grievance Machinery](https://laborlaw.ph/grievance-machinery/): 1. Concepts Grievance machinery – refers to a system of resolving grievances aired by employees, including but not limited to, issues arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies, as well as those that may be stipulated in the Collective Bargaining Agreement. “Grievance” — is a complaint or dissatisfaction arising from the interpretation or implementation of the collective bargaining agreement (CBA) and those arising from interpretation or enforcement of personnel policies. (Section 1[g], Ibid.) “Grievance Procedure” — refers to the system of grievance settlement at the […]
- [Cases: Moonlighting](https://laborlaw.ph/cases-moonlighting/): 1. Moonlighting a. Unauthorized use of company time Capitol Wireless, Inc. v. Balagot G.R. No. 169016, 31 January 2007 [BACKGROUND] At around 3:35 p.m. of May 9, 2000, the director of [the employer’s] Human Resource Department (HRD) saw, to his surprise, [the employee] at the Head Office at Paseo de Roxas, Makati of the [the bank]ing Corporation ([the bank]) with which [the employer] had no business relations. It was thereupon discovered that [the employee] had been rendering services to [the bank] and that since 1992, [the employee] had been concurrently employed with… a local manpower company, which assigned him to render […]
- [Cases: Prescriptive Period for Monetary Claims](https://laborlaw.ph/cases-prescriptive-period-for-monetary-claims/): These are the related Labor Law Cases or Jurisprudence. 1. 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 April 13, 1999, while still under the employ of PLDT, [the employee] was admitted at The Medical City, Mandaluyong City, for “paranoid personality disorder” due to financial and marital problems. On May 14, 1999, he was discharged from the hospital. Thereafter, he reported for work but frequently absented himself due to […]
- [Cases: Service Incentive Leave](https://laborlaw.ph/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. (Stoneleaf) paid [the employee] a monthly salary of P10,000.00 and P100.00 per massage service rendered. [The employee] was also an incorporator/director in Stoneleaf’s Articles of Incorporation. In January 2010, [the employee] inquired about the payment of contributions for Social Security System (SSS), Philippine Health Insurance Corporation […]
- [Cases: Special Leave for Women](https://laborlaw.ph/cases-special-leave-for-women/): 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 the Magna Carta of Women, on February 7-11, 14-18, and 21-25, 2011, but not to exceed two months, to undergo hysterectomy. On February 3, 2011, the HRET approved [the employee’s] request for special leave for a period not exceeding two months starting February 7, 2011. On […]
- [Cases: Sea-based Workers, Seafarers, Mariners, Ocean-going OFWs](https://laborlaw.ph/cases-sea-based-workers-seafarers-mariners-ocean-going-ofws/): 1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19 June 2019 [BACKGROUND] On June 1, 2011, [the employee] was hired by [the local agency] Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co., Ltd., to board the vessel MV Yushio Princess II for a period of three (3) months. Prior to embarkation, [the employee] underwent a Pre-Employment Medical Examination (PEME) where it was noted that he had a medical history of high blood pressure and hypertension.8 Nevertheless, he was […]
- [Cases: OFWs Dismissed from Work](https://laborlaw.ph/cases-ofws-dismissed-from-work/): 1. OFWS covered by security of tenure and due process a. Due process requirement 1) Sameer Overseas Placement Agency, Inc. v. Cabiles (2014) Sameer Overseas Placement Agency, Inc. v. Cabiles, En Banc, G.R. No. 170139, 05 August 2014 [BACKGROUND] [the employer – local agency], Sameer Overseas Placement Agency, Inc., is a recruitment and placement agency. Responding to an ad it published, [the employee], [[the employee] C. – henceforth the “employee”], submitted her application for a quality control job in Taiwan. [The employee]’s application was accepted. [The employee] was later asked to sign a one year employment contract for a monthly salary […]
- [General Labor Standards](https://laborlaw.ph/general-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 be considered as a labor standard, it is required that there be a legal basis for the granting of such benefit. 1. Concept Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government. […]
- [FAQ: Retirement pay, Private Sector](https://laborlaw.ph/faq-retirement-pay-private-sector/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Retirement Pay a. Entitlement Are casual employees, workers paid by result, part-time employees entitled to retirement pay? For the private sector, casual workers, workers paid by result, and part-time employees are entitled to retirement pay. The law does not distinguish […]
- [Cases: Premium Pay](https://laborlaw.ph/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 and members of the managerial staff are not entitled to the provisions of law on labor standards. The Implementing Rules of the Labor Code define members of a managerial staff as those with the following duties and responsibilities: “(1) The primary duty consists of the performance […]
- [FAQ: Premium pay](https://laborlaw.ph/faq-premium-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Premium Pay a. Entitlement Are casual employees or part-time employees entitled to premium pay? Yes, casual employees/workers are entitled to premium pay – because they are employees. The Labor Code does not distinguish as to the status of an employee […]
- [Cases: Holiday pay](https://laborlaw.ph/cases-holiday-pay/): 1. Covered and excluded Clientlogic Philippines, Inc. v. Castro G.R. No. 186070, 11 April 2011 [RESOLUTION] [The employers] argue in the main that, as a team supervisor, [the employee] was a member of the managerial staff; hence, he is not entitled to overtime pay, rest day pay, holiday pay, and service incentive leave pay. x x x In his Position Paper, [the employee] states that he worked from 8:00 p.m. to 10:00 a.m. or 4 p.m. to 12:00 p.m. of the following day; he was also required to work during his rest days and during holidays but he was not paid; […]
- [FAQ: Holiday pay](https://laborlaw.ph/faq-holiday-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Holiday Pay a. Entitlement Are monthly paid employees entitled to holiday pay? Yes, monthly paid employees are entitled to holiday pay. The law does not distinguish whether an employee is monthly-paid or daily-paid for purposes of granting the holiday pay […]
- [Computation of Holiday Pay](https://laborlaw.ph/computation-of-holiday-pay/): If covered employees do not perform work on a regular holiday, they are entitled to a holiday pay of at least 100% their daily wage. If there aer two regular holidays falling on a same day or a double holiday, and no work is done, they are entitled to a holiday pay of at least 200% their daily wage. If they perform work on a single regular holiday or a double holiday, they will be entitled to the corresponding holiday pay plus their daily wage. 1. Computation These are the steps on how to compute for holiday pay. The following are […]
- [Cases: Night Shift Differential Pay](https://laborlaw.ph/cases-night-shift-differential-pay/): The following are the Labor Law Cases or Jurisprudence on night shift differential pay. 1) CBA provides higher rate for night shift pay? Lepanto Consolidated Mining Company v. Lepanto Local Staff Union G.R. No. 161713, 20 August 20098 On 28 November 1998, [the employer] and [the complainant-employee] entered into their fourth Collective Bargaining Agreement (4th CBA) for the period from 1 July 1998 to 30 June 2000. The 4th CBA provides: ARTICLE VIII – NIGHT SHIFT DIFFERENTIAL Section 3. Night Differential pay. – The Company shall continue to pay nightshift differential for work during the first and third shifts to all […]
- [FAQ: Night Shift Differential Pay](https://laborlaw.ph/faq-night-shift-differential-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Night Shift Differential Pay a. Work on a night shift May employers require nighttime work from employees? Yes, employers may require nighttime work from employees. Nighttime work is also referred as graveyard shifts. This follows the principle of management prerogative. […]
- [Computation of Night Shift Differential Pay](https://laborlaw.ph/computation-of-night-shift-differential-pay/): If covered employees perform work on a night shift designated by law, they are entitled to a night shift differential pay of at least 20% their hourly rate for those in the Government service and 10% for those in the private sector. 1. Computation These are the steps on how to compute for the night shift differential pay. The following are the assumptions: 1) The employee’s daily rate is Php800.00. 2) The employee works for 8 hours, including 2 hours covered by night shift pay. a. Private Sector STEP 1: Divide the daily rate with eight hours – to get the […]
- [Hepatitis B Test](https://laborlaw.ph/hepatitis-b-test/): 1. What is a pre-employment requirement? A pre-employment requirement is one that is required to be done as part of the requirements prior to employment. It may be in the form of documentary submission, a medical examination, or an assessment or evaluation of an individual’s knowledge, skills, and competence. 2. Pre-employment requirement as a management prerogative The employer may set the pre-employment requirements in line with its exercise of its management prerogative. However, there are labor laws and regulations which regulate certain pre-employment requirements, such as whether a requirement may be allowed by the employer, who should pay for any associated […]
- [FAQ: Management Prerogative](https://laborlaw.ph/faq-management-prerogative/): Answers to frequently asked questions on management prerogative in the Philippines. What is management prerogative? Management prerogative is the bundle of rights inherent to the employer who gets to decide all aspects of employment, from pre-employment to post-employment, unless limited or regulated by labor law. What are examples of management prerogative? The exercise of management prerogative may come in various forms, such as implementing workplace policies and regulations, enforcing company practices, managing of employees, and so on. As earlier explained, management prerogative covers pre-employment to post-employment, and everything else in between, including work hours/schedules, work assignments, work supervision, disciplinary action, recall, […]
- [Drug Test](https://laborlaw.ph/drug-test/): Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative. What’s the legal basis? It appears that there is confusion on the legal basis for drug test as a pre-employment requirement. While random drug testing for those who are already employees is clearly provided for in Republic Act No. 9165 (“R.A. 9165”), also known as the Comprehensive Dangerous Drugs Act of 2002, and further strengthened by DOLE Department Order No. 53, Series of 2003 (“DO-53”), also known as the Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private […]
- [Ban on Direct-hiring for Overseas Employment](https://laborlaw.ph/ban-on-direct-hiring-for-overseas-employment/): Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions. ⦁ If not falling under the exceptions, the employer has to contract with a duly licensed private employment agency for overseas employment. 1. Concept The ban on direct-hiring for overseas employment is found in P.D. 442, otherwise known as the Labor Code of the Philippines: ART. 18. Ban on Direct-Hiring. No employer may hire a Filipino worker for overseas employment except through the Boards and entities authorized by the Secretary of Labor. Direct-hiring by members of the diplomatic corps, international organizations […]
- [Duty Detail Order, Private Security](https://laborlaw.ph/duty-detail-order-private-security/): 1. Concept Duty Detail Order – refers to a written order/schedule/assignment issued to a security guard and other private security personnel by a superior officer, usually the private security agency or branch manager or operation’s officer, for the performance of security and/or detective service duty/ies. (Section 2[b], D.O. No. 150, Series of 2016) 2. Contents of Duty Detail Order For every assignment of security guards and other private security personnel to a principal, the Duty Detail Order shall contain the following, among others: 1) Name, address, and telephone number of agency; 2) Issue serial number and date of the Duty Detail […]
- [Right to Security of Tenure, Private Security](https://laborlaw.ph/right-to-security-of-tenure-private-security/): 1. Concept Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law. Their services can only be terminated for just or authorized causes after due process. (Section 10.1, D.O. No. 150, Series of 2016) 2. Due process a. Just cause termination For termination of employment based on just causes as defined in Article 297 (formerly 282) of the Labor Code, as renumbered, the requirement of two written notices served on the employee shall be in accordance with the following: 1) The first written notice should contain: (a) The specific […]
- [Statutory Benefits, Private Security](https://laborlaw.ph/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 workdays and for the twelve (12) regular holidays (as holiday pay) which must not be lower than the minimum wage rates described in Subsection 7.3, to be computed by using the factors recommended herein. Whenever work is rendered on a regular holiday, an additional pay of […]
- [Employment Terms and Conditions, Private Security](https://laborlaw.ph/employment-terms-and-conditions-private-security/): 1. Employer-employee relationship The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on duty detail to a principal or client under a Service Agreement. (Section 3.1, D.O. No. 150, Series of 2016) NB: 1) Private Security Personnel – refers to natural persons, including private detectives, security consultants and security officers, employed by private security agency or firm, to render security and/or detective services. (Section 2[f], Ibid.) 2) Security Service Contractor (SSC) – is synonymous with Private Security Agency (PSA) which refers to any person, association, partnership, firm, or private […]
- [SSC/PSA Responsibilities and Liabilities, Private Security](https://laborlaw.ph/ssc-psa-responsibilities-and-liabilities-private-security/): 1. Solidary Liability and Responsibilities The Security Service Contractor / Private Security Agency (SSC/PSA) and its principal or client shall be jointly and solidarily liable with each other in any of the following circumstances: 1) When the SSC/PSA fails to pay the wages of its security guards and other private security personnel, the principal or client shall be considered the “indirect employer” and shall be jointly and severally liable with the SSC/PSA to the extent of the work performed by such security guards and other private security personnel under the Service Agreement, in the same manner and extent that the principal […]
- [SSC/PSA Service Agreements, Private Security](https://laborlaw.ph/ssc-psa-service-agreements-private-security/): 1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms and conditions governing the performance or completion of security service, job, or work being farmed out for a definite or predetermined period. (Section 2[j], D.O. No. 150, Series of 2016) 2. Required stipulations on the Service Agreement The Service Agreement must conform to the DOLE Standard Computation and Standard Service Agreement as provided under this Guidelines. (Section 4, Ibid.) The Service Agreement shall stipulate, among others: 1) The specific description of the kind or nature of […]
- [Labor-only Contracting](https://laborlaw.ph/labor-only-contracting/): Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting and job contracting. ▪ All contractors are presumed to be labor-only contractors by default. ▪ Finding of labor-only contracting results in the principal being declared as the employer. ▪ There are illicit forms of employment arrangements that are prohibited in contracting and subcontracting. 1. Concept Under Department Order No. 174, series of 2017 (DO-174), issued by the Department of Labor and Employment (DOLE), labor-only contracting is prohibited. Labor-only contracting refers to an arrangement whereby: 1) The contractor or subcontractor does not […]
- [Control in Contracting](https://laborlaw.ph/control-in-contracting/): Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the contractor or subcontractor controls the deployed personnel, and not the principal. ▪ Labor-only contracting results if the principal exercises control over the deployed personnel. ▪ Right, and not actual, control is sufficient. 1. Concept Controlling an employee is one of the rights and powers of the employer. Hence, in a job contracting arrangement, it is the contractor as the employer who exercises the right or power of control over the deployed personnel. The deployed personnel are required to follow lawful orders […]
- [Contractor's employees](https://laborlaw.ph/contractors-employees/): Summary ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ⦁ The contractor’s or subcontractor’s employees enjoy the same rights and benefits as any other employee under labor laws. ⦁ The Contractor’s employees are required to be provided a written employment contract. ⦁ In case of expiration of the Service Agreement, the contractor’s employees have several options, one of which will entitle them to separation benefits. 1. Employees of a Contractor or Subcontractor The contractor’s or subcontractor’s employees may be deployed personnel or administrative personnel. a. Deployed or assigned personnel Under DO-174, a contractor’s […]
- [Principal in Contracting](https://laborlaw.ph/principal-in-contracting/): Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement. ▪ The principal’s main interests is on the desired results. ▪ The principal has no interest in supervising or controlling the contractor’s employees. ▪ The principal is solidarily liable with the contractor for labor law violations. ▪ The extent of liability by the principal depends on whether there is a finding of legitimate job contracting or subcontracting. 1. Concept Principal refers to “any natural or juridical entity, whether an employer or not, who puts out or farms out a job […]
- [Contractor or Subcontractor](https://laborlaw.ph/contractor-or-subcontractor/): Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job or work farmed out or outsourced by a principal under a Service Agreement. ▪ They have a distinct and independent business, which enables them to perform the outsourced job or work according to their own manner and method. ▪ They are free from the control and/or direction of the principal. ▪ The Service Agreement between the principal and the contractor should have terms that would ensure compliance with all rights and benefits for all the employees […]
- [Job Contracting and Subcontracting](https://laborlaw.ph/job-contracting-and-subcontracting/): Summary ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed personnel, otherwise known as the contractor’s workers. ▪ While DOLE Regulations have referred to the arrangement as legitimate job contracting and now permissible job contracting, they refer to the same concept. ▪ Without DOLE Registration, there arises a presumption of labor-only contracting. ▪ The totality of circumstances is evaluated to determine whether a contractor is engaged in labor-only contracting or legitimate job contracting. ▪ Where the principal is the one claiming that the contractor is a […]
- [Equipoise rule](https://laborlaw.ph/equipoise-rule/): Summary ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. 1. Concept When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee. (Hubilla v. HSY Marketing Ltd., Co., G.R. No. 207354, 10 January 2018) Where both parties in a labor case have not presented substantial evidence to prove their allegations, the evidence is considered to be in equipoise. In such a case, the scales of justice are tilted in favor of labor. (Ibid.) If the evidence presented by the employer and the employee are in […]
- [Technical Rules of Procedure](https://laborlaw.ph/technical-rules-of-procedure/): Summary ▪ Technical rules of procedure are not binding in labor cases. 1. Concept The rules of procedure and evidence prevailing in courts of law and equity shall not be controlling and the Commission shall use every and all reasonable means to ascertain the facts in each case speedily and objectively,  without regard to technicalities of law or procedure, all in the interest of due process. (Section 10, Rule VII, 2011 NLRC Rules of Procedure) In labor cases, rules of procedure should not be applied in a very rigid and technical sense. They are merely tools designed to facilitate the attainment […]
- [Burden of Proof](https://laborlaw.ph/burden-of-proof/): Summary ▪ Burden of proof shifts between the employer and the employee depending on what is being claimed. ▪ In monetary claims, burden of proof is on the employer if the claims refer to those incurred in the normal course of business, as opposed to those that are not such as requiring overtime work or mandating work on a holiday, rest day, or special non-working day. ▪ In illegal dismissal, burden of proof starts is on the employer to show that the dismissal was valid unless the employer denies the very fact of dismissal, in which case, the burden of proof […]
- [National Labor Relations Commission](https://laborlaw.ph/national-labor-relations-commission/): Summary ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases. ▪ There are requirements to perfect an NLC appeal. 1. Concept The NLRC is “is a quasi-judicial body tasked to promote and maintain industrial peace by resolving labor and management disputes involving both local and overseas workers through compulsory arbitration and alternative modes of dispute resolution. It is attached to the Department of Labor and Employment for program and policy coordination.” (Mandate of the NLRC, About Us Page, NLRC Official Website) 2. NLRC Jurisdiction a. Original and exclusive jurisdiction of the NLRC The NLRC […]
- [Labor Arbiter](https://laborlaw.ph/labor-arbiter/): Summary ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases. ▪ The jurisdiction of the Labor Arbiter is different from the DOLE Regional Director. ▪ The Labor Arbiter’s order of reinstatement is immediately executory. 1. Concept Labor Arbiter – resolves labor complaints before the National Labor Relations Commission (NLRC). 2. Labor Arbiter’s Jurisdiction a. Original and exclusive jurisdiction of the Labor Arbiter The Labor Arbiter has original and exclusive jurisdiction for the following: 1) Unfair labor practice cases 2) Termination disputes; 3) If accompanied with a claim for reinstatement, those cases that workers may file involving wages, […]
- [DOLE Secretary](https://laborlaw.ph/dole-secretary/): 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 jurisdiction When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the DOLE Secretary may assume jurisdiction over the dispute and decide it or certify the same to the NLRC […]
- [Bureau of Labor Relations](https://laborlaw.ph/bureau-of-labor-relations/): 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 BLR has the following mandate: 1) National registry of unions and CBAs; 2) Formulate regulatory and developmental policies, standards, guidelines and programs 3) promoting the right to organize, including collective bargaining and improvement of the income of workers and their organizations; 4) Lead agency in workers […]
- [National Conciliation and Mediation Board](https://laborlaw.ph/national-conciliation-and-mediation-board/): 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 and group-problem solving. 1. Concept “The NCMB, created under Executive Order No. 126, reorganizing the DOLE, shall formulate policies, develop plans and programs and set standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary […]
- [Voluntary Arbitrators](https://laborlaw.ph/voluntary-arbitrators/): 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 Arbitrator’s Jurisdiction a. Exclusive and original jurisdiction 1) Those arising from the implementation or interpretation of the CBA; and, 2) Those arising from the interpretation or enforcement of company personnel policies which remain unresolved after exhaustion of the grievance procedure. (Section 1, Rule XI, Omnibus Rules […]
- [DOLE Regional Director](https://laborlaw.ph/dole-regional-director/): 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 Director Jurisdiction 1) Small monetary claims 2) Labor standards cases 3) Occupational safety and health standards (OSHS) violations; 4) Union registration and cancellations; 5) Violations of Article 250 of the Labor Code (Rights and Conditions of Membership in a Labor Organization); 6) Complaints against private recruitment […]
- [Non-Compete Agreements](https://laborlaw.ph/non-compete-agreements/): 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 post-employment restriction. A non-compete clause “with a stipulation that a violation thereof makes the employee liable to his former employer for liquidated damages, refers to post-employment relations of the parties.” (Portillo v. Lietz, G.R. No. 196539, 10 October 2012) 2. Prohibition on competing What the similar […]
- [Confidentiality or Non-Disclosure Agreements](https://laborlaw.ph/confidentiality-or-non-disclosure-agreements/): 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 another who is under obligation not to disclose such information to any other persons or entities. An NDA is valid as a post-employment restriction. b. Confidential information Employment contracts with NDAs are usually observed in employment arrangements whereby confidential information may be handled or processed by […]
- [Final pay](https://laborlaw.ph/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 benefits due the employee regardless of the cause of the termination of employment, including but not limited to: 1) Unpaid earned salary of the employee; 2) Cash conversion of unused Service Incentive Leave (SIL) pursuant to Article 95 of the Labor Code; 3) Cash conversions or […]
- [Certificate of Employment](https://laborlaw.ph/certificate-of-employment-employee/): 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 the position/s held. Otherwise stated, a COE refers to “a certificate from the employer specifying the dates of an employee’s engagement and the termination of his/her employment and the type or types of work in which he/she is employed.” (Section 1, DOLE Labor Advisory No. 06, […]
- [Clearance Process](https://laborlaw.ph/clearance-process/): 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 of any accountability and be issued a clearance document. 2. Valid requirement Requiring clearance before the release of last payments to the employee is a standard procedure among employers, whether public or private. Clearance procedures are instituted to ensure that the properties, real or personal, belonging […]
- [Resignation](https://laborlaw.ph/resignation/): 1. Concept Resignation is the formal pronouncement or relinquishment of a position or office. (Central Azucarera de Bais, Inc. v. Siason, G.R. No. 215555, July 29, 2015, Per Perlas-Bernabe, J.) Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. (Pascua v. Bank Wise Inc., G.R. No. 191460, 31 January 2018) In cases of voluntary resignation, the employee finds himself in a situation where he believes that personal reasons […]
- [Attorney's Fees](https://laborlaw.ph/attorneys-fees/): Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite being represented by the Public Attorney’s Office (PAO) 1. Concept Attorney’s fees are awarded to employees who win a labor case in certain cases; however, it is not all of the time. There are two commonly accepted concepts of attorney’s fees: 1) The ordinary concept; and, 2) The extraordinary concept. (Alva v. High Capacity Security Force, Inc., G.R. No. 203328, 08 November 2017) a. Ordinary concept In its ordinary concept, an attorney’s fee is the reasonable compensation paid by the client […]
- [Nominal Damages](https://laborlaw.ph/nominal-damages/): Summary ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not observed. ▪ It is to vindicate or recognize the violation of the employee’s rights. ▪ The amount for nominal damages is discretionary on the court. 1. Concept The law and jurisprudence allow the award of nominal damages in favor of an employee in a case where a valid cause for dismissal exists but the employer fails to observe due process in dismissing the employee. (Libcap Marketing Corp. v. Baquial, G.R. No. 192011, 30 June 2014) a. Recognition and vindication of a […]
- [Exemplary damages](https://laborlaw.ph/exemplary-damages/): Summary ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner. ▪ If moral damages is awarded, exemplary damages may be awarded as well. 1. Concept Under Article 2229 of the Civil Code, “[e]xemplary or corrective damages are imposed, by way of example or correction for the public good, in addition to the moral, temperate, liquidated or compensatory damages.” Exemplary damages are designed by our civil law to permit the courts to reshape behaviour that is socially deleterious in its consequence by creating negative incentives or deterrents against such behaviour. (Montinola v. PAL, […]
- [Moral Damages](https://laborlaw.ph/moral-damages/): Summary ▪ Moral damages may be awarded in certain cases. ▪ Bad faith must be clearly proven. 1. Concept Moral damages are awarded in illegal termination cases when the employer acted: 1) In bad faith or fraud; 2) In a manner oppressive to labor; or, 3) In a manner contrary to morals, good customs, or public policy. (Daguinod v. Southgate Foods, Inc., G.R. No. 227795, 20 February 2019) The nature of moral damages is defined under our Civil Code. Article 2220 states that “[w]illful injury to property may be a legal ground for awarding moral damages if the court should find […]
- [Full Backwages](https://laborlaw.ph/full-backwages/): Summary ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike. ▪ It shall be based on wage rate at the time of dismissal. ▪ It consists of all benefits and allowances. 1. Concept An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement. (Article 294, P.D. 442, […]
- [Illegal Dismissal](https://laborlaw.ph/illegal-dismissal-due-process/): Summary • Illegal dismissal is the termination or separation from employment without just cause or authorized cause. • Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept “Illegal dismissal” – refers to a termination or separation from employment without just cause or authorized cause. a. Legal basis Section 3. The State shall afford full protection to labor, local and overseas, organized and unorganized, and promote full employment and equality of employment opportunities for all. x x x They shall be entitled to security of tenure, x x x (1987 CONSTITUTION, Article […]
- [Reinstatement](https://laborlaw.ph/reinstatement/): 1. Concept Reinstatement – refers to the ‘restoration to a state or condition from which one had been removed or separated. The person reinstated assumes the position he had occupied prior to his dismissal.20 Reinstatement presupposes that the previous position from which one had been removed still exists, or that there is an unfilled position which is substantially equivalent or of similar nature as the one previously occupied by the employee.’ (Asian Terminals, Inc. v. Villanueva, G.R. No. 143219, November 28, 2006, Per Carpio, J.) ‘Reinstatement restores the employee who was unjustly dismissed to the position from which he was removed, […]
- [Authorized Cause Procedure](https://laborlaw.ph/authorized-cause-procedure-due-process/): 1. Concept Authorized cause procedure – refers to the steps or process of implementing due process in relation to separation from employment. 2. Procedure a. In General The following are the steps: Step 1: Issuance of 30-day advance notice to DOLE Step 2: Issuance of 30-day advance notice to employee Step 3: Payment of Separation Pay (subject to an exception). (DOLE Department Order No. 147, Series of 2015, Sections 5.3 and 5.5) 1) Step 1: 30-day advance notice to DOLE The employer is required to issue a 30-day advance notice to the DOLE Regional Office which has jurisdiction over the establishment. […]
- [Disease](https://laborlaw.ph/disease-authorized-cause/): 1. Concept Disease – refers to “an illness that affects a person” or “a condition that prevents the body or mind from working normally”. (Merriam-Webster Online Dictionary) a. Legal basis 1) Labor Code Art. 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to be suffering from any disease and whose continued employment is prohibited by law or is prejudicial to his health as well as to the health of his co-employees: Provided, That he is paid separation pay equivalent to at least one (1) month salary or to one-half […]
- [Closure or Cessation of Business](https://laborlaw.ph/closure-or-cessation-of-business-authorized-cause/): 1. Concept (c) “Closure or Cessation of Business” refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Closure of a business or undertaking due to business losses is the reversal of fortune of the employer whereby there is a complete cessation of business operations to prevent further financial drain upon an employer who cannot pay anymore his employees since business has already stopped. (Manila Polo Club Employees’ Union [MPCEU] FUR-TUCP v. Manila Polo Club, Inc., G.R. No. 172846, 24 July […]
- [Retrenchment or Downsizing](https://laborlaw.ph/retrenchment-or-downsizing-authorized-cause/): 1. Concept [r] “Retrenchment” refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees. It is resorted to during periods of business recession, industrial depression, seasonal fluctuations, or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant to a new production program, or automation. (Lambert Pawnbrokers v. Binamira, G.R. No. 170464, 12 July 2010) Retrenchment […]
- [Redundancy](https://laborlaw.ph/redundancy-authorized-cause/): 1. Concept (q) “Redundancy” refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise. A position is redundant where it had become superfluous. Superfluity of a position or positions may be the outcome of a number of factors such as over-hiring of workers, decrease in […]
- [Installation of Labor-saving Devices](https://laborlaw.ph/installation-of-labor-saving-devices-authorized-cause/): 1. Concept (m) “Installation of Labor-saving Devices” refers to the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) The installation of labor-saving devices contemplates the installation of machinery to effect economy and efficiency in its method of production. (Edge Apparel, Inc. v. NLRC, G.R. No. 121314, 12 February 1998) a. Legal basis 1) Labor Code Art. 283. [DOLE Renumbered: 298] Closure of establishment and reduction of personnel. – The employer may also terminate the employment […]
- [Authorized Causes](https://laborlaw.ph/authorized-causes-due-process/): Summary ▪ Authorized causes are grounds for separating an employee through no fault of theirs. ▪ There are standards for each authorized cause set or prescribed by Jurisprudence or Supreme Court Decisions, as well as DOLE regulations. ▪ Separation pay is due to employees who have be separated due to authorized causes, except for closing or cessation of business due to serious financial losses. 1. Concept Authorized causes are grounds for separation of employment. It is called authorized causes because the employer is authorized to separate employees from their employment due to a legitimate business reason or a requirement by law […]
- [Serious Misconduct](https://laborlaw.ph/serious-misconduct-just-cause/): 1. Concept Serious misconduct must be grave and aggravated in character. The ground of serious misconduct tends to be the most commonly cited just cause for termination. Curiously, it also happens to be most frequently misapplied. This due to the fact that most labor cases involve simple or ordinary – and not serious – misconduct. In these cases, the penalty should have been lower than the ultimate one, dismissal. To be clear, Labor Law requires that the serious misconduct should not be trivial or unimportant. The nature of the violation must be grave and aggravated in character as to justify the […]
- [Willful Disobedience](https://laborlaw.ph/willful-disobedience-just-cause/): 1. Concept Willful disobedience refers to insubordination. Insubordination refers to “the refusal to obey some order, which a superior is entitled to give and have obeyed. It is a willful or intentional disregard of the lawful and reasonable instructions of the employer.” (Section 4 [l], Rule I-A, DOLE D.O. No. 2015-147) If an employee disobeys a company policy or directive without knowing about it, then it is not willful in character. It is thus on the responsibility of the employer to make known to the employees the rules and regulations of the workplace. “While the law imposes many obligations upon the […]
- [Gross and Habitual Neglect of Duty](https://laborlaw.ph/gross-and-habitual-neglect-of-duty-just-cause/): 1. Concept Gross and habitual neglect of duty go together. Gross neglect refers to “the absence of that diligence that an ordinary prudent man would use in his/her own affairs.” (Section 4 (j), Rule I-A, DOLE D.O. No. 2015-147) On the other hand, habitual neglect refers to “repeated failure to perform one’s duties over a period of time, depending upon the circumstances.” (Section 4 (k), Rule I-A, Ibid.) As required by the Labor Code, “in dismissing an employee for gross and habitual neglect of duties, the negligence should not merely be gross, it should also be habitual.” (International School of Manila […]
- [Fraud or Willful Breach of Trust](https://laborlaw.ph/fraud-or-willful-breach-of-trust-just-cause/): 1. Concept Fraud is deceit. The commission of fraudrefers to “any act, omission, or concealment which involves a breach of a legal duty, trust or confidence just reposed, and is injurious to another.” (Section 4 (i), Rule I-A, DOLE D.O. No. 2015-147) The commission of fraud implies “bad faith of the employee in failing to perform his job, to the detriment of the employer and the latter’s business.” (International School Manila v. Santos, G.R. No. 167286, 05 February 2014) An employee committing fraud is deceiving the employer. This usually comes in the form of serious dishonesty or concealment of a material […]
- [Loss of Trust and Confidence](https://laborlaw.ph/loss-of-trust-and-confidence-just-cause/): Summary ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards. 1. Concept [T]he language of Article 282(c) of the Labor Code states that the loss of trust and confidence must be based on willful breach of the trust reposed in the employee by his employer. Such breach is willful if it is done intentionally, knowingly, and purposely, without justifiable excuse, as distinguished from an act done carelessly, thoughtlessly, heedlessly or inadvertently. (Cruz, Jr. v. CA, G.R. No. 148544, 12 July 2006) Generally, employers are given wide latitude in terminating the services of […]
- [Just Causes](https://laborlaw.ph/just-causes-due-process/): Summary ⦁ Just causes are grounds for termination of employment due to employee violations. ⦁ The employer is justified dismissing an employee for just cause. ⦁ There are standards for each just cause set or prescribed by Supreme Court Decisions or Jurisprudence, as well as DOLE regulations. ⦁ There are analogous causes to just causes found in Supreme Court Decisions or Jurisprudence. ⦁ If there is no just cause in the termination of employment, the employer may be held liable for illegal dismissal. 2. Concept “Just causes” – refer to “those instances enumerated under Article 297 [Termination by Employer] of the […]
- [Bacani v. Fiber Textile Manufacturing Corp. (2025)](https://laborlaw.ph/bacani-v-fiber-textile-manufacturing-corp-2025/): See: Original Decision Bacani et al. v. Fiber Textile Manufacturing Corp. et al., En Banc, G.R. No. 271518, September 30, 2025, Per Lazaro-Javier, J.: 1. Background • FMC, a corporation duly organized and existing under Philippine laws, is engaged in textile manufacturing. Its factory is located at Meycauayan, Bulacan while its administrative office and warehouse used to be located at Valenzuela City. Sherly is the president while Judy and Jason are the human resource manager and plant manager, respectively, of FMC. • On June 16, 2017, petitioners were employed by FMC as folding operator, chemical mixer, color man, receiver, dyeing operator, […]
- [Ascent Skills Human Resources Services, Inc. v. Manuel (2021)](https://laborlaw.ph/ascent-skills-human-resources-services-inc-v-manuel-2021/): See: Original Decision Ascent Skills Human Resources Services, Inc. v. Manuel, G.R. No. 249843, October 6, 2021, Per Zalameda, J.: 1. Background • On 13 April 2017, petitioner Ascent Skills Human Resources Services, Inc. (Ascent) deployed respondent Alma Tacda Manuel (respondent) to the Kingdom of Saudi Arabia (KSA) to work as a domestic helper for a contract term of two (2) years with a salary of US$400.00 a month. • Twelve (12) days later, respondent complained about her working conditions and refused to work for her employer. Consequently, her employer brought her to Silver Contract Manpower Office (Silver Contract), Ascent’s foreign […]
- [Pascual v. Sitel Philippines Corporation (2020)](https://laborlaw.ph/pascual-v-sitel-philippines-corporation-2020/): See: Original Decision Pascual v. Sitel Philippines Corporation, G.R. No. 240484, March 9, 2020, Per Inting, J.: 1. Background • On October 27, 2006, Sitel hired petitioner as agent. In 2014, Sitel promoted him to the Comcast Customer Service Group (Comcast CSG) account as coach/supervisor with a monthly salary of P25,000.00. • Subsequently, Sitel served a notice to explain dated October 9, 2014 upon him for his failure to take the necessary action on the case of Diosdado Jayson Remion (Remion), an agent in Comcast CSG who has been inactive since May 2014. Sitel then served a second notice to explain […]
- [Philippines Today, Inc. v. NLRC (1997)](https://laborlaw.ph/philippines-today-inc-v-nlrc-1997/): See: Original Decision Philippines Today, Inc. v. Go-Belmonte, G.R. No. 112965, January 30, 1997, Per Panganiban, J.: 1. Background • May a “Memorandum for File” which did not mention the words “resign” and/or “resignation” nonetheless juridically constitute voluntary resignation? In answering this question, the Court took into account not merely the literal meaning of the words and phrases used but, more importantly, the peculiar circumstances attendant to its writing as well as antecedent, contemporaneous and subsequent actions, which were inconsistent with the desire for continued employment of the writer, an intelligent executive occupying a position of trust in the Philippine Star […]
- [Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor Union-Super (2008)](https://laborlaw.ph/eastridge-golf-club-inc-v-eastridge-golf-club-inc-labor-union-super-2008/): See: Original Decision Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor Union-Super, G.R. No. 166760, August 22, 2008, Per Austra-Martinez, J.: 1. Background • Petitioner [employer] employed respondents as kitchen staff in its Food and Beverage (F&B) Department. Effective October 1, 1999, petitioner terminated the employment of respondents on the ground that the operations of the F&B Department had been turned over to concessionaire Mother’s Choice Meat Shop & Food Services. Petitioner filed with the Department of Labor and Employment (DOLE) an Establishment Termination Report, stating that it laid off the respondents due to company reorganization/downsizing and transfer of […]
- [Zonio v. 1st Quantum Leap Security Agency, Inc. (2021)](https://laborlaw.ph/zonio-v-1st-quantum-leap-security-agency-inc-2021/): Zonio v. 1st Quantum Leap Security Agency, Inc, G.R. No. 224944, May 5, 2021, Per Lopez, M., J.: 1. Concept • In his Position Paper filed before the Labor Arbiter, Department of Labor and Employment, Zonio alleged that on March 13, 2011, he was hired as a security guard by 1st Quantum Leap Security Agency, Inc., owned and managed by respondent Romulo Q. Par (collectively, respondents). Zonio worked seven days a week from 7:00 a.m. to 7:00 p.m., or from 7:00 p.m. to 7:00 a.m., alternately every two weeks, for a monthly wage of P8,500.00. From his wage, a cash bond […]
- [Nippon Paint Philippines, Inc. v. NIPPEA (2021)](https://laborlaw.ph/nippon-paint-philippines-inc-v-nippea-2021/): Nippon Paint Philippines, Inc. v. NIPPEA (2021) See: Original Decision Nippon Paint Philippines, Inc. v. NIPPEA, G.R. No. 229396, June 30, 2021, Per Inting, J.: 1. Background • In 2007, petitioner and Nippon Paint Philippines Employees Association (respondent) entered into a Collective Bargaining Agreement6 (CBA) effective January 1, 2007 until December 31, 2011 (2007 CBA). Section 1, Article 13 of the 2007 CBA provided that petitioner agreed to pay all of its employees their holiday remuneration pay every year on regular holidays listed therein. It further granted all union members premium pay in the amount equivalent to 200% of their regular […]
- [Cambila, Jr. v. Seabren Security Agency (2024)](https://laborlaw.ph/cambila-jr-v-seabren-security-agency-2024/): Cambila Jr. et al. v. Seabren Security Agency, et al., G.R. No. 261716, October 21, 2024, Per Inting, J.: • [R]espondent Seabren Security Agency (Seabren) is a watchman agency which provides security services to its clients, with respondent Elizabeth S. Dureza (Dureza) as its President. On the other hand, Ecoland 4000 Residences (Ecoland) is a non-stock non-profit association of condominium unit owners located at Eco-West Drive, Ecoland, Davao City. • The case stemmed from the consolidated complaints for constructive dismissal and money claims filed by petitioners and two other security guards (collectively, security guards) against Seabren, Dureza, and Ecoland. • Seabren […]
- [Amor v. Constant Packaging Corporation (2015)](https://laborlaw.ph/amor-v-constant-packaging-corporation-2015/): Amor et al. v. Constant Packaging Corporation, G.R. No. 259988, May 19, 2015, Per Leonen, J.: 1. Background • Constant Packaging Corporation (Constant Packaging) hired Amor et al. as sorters, revisers, and packers on pakyaw basis. Constant Packaging is engaged in printing packaging materials. William Chan is its chairperson, and Virginia Chan is a stockholder. • Amor et al. aired their grievances via petition to Constant Packaging’s management, but they were told to leave their jobs if they were dissatisfied with the working conditions. Tensions escalated when Narag and Balanquit were prevented from entering the company premises after failing to attend […]
- [Hubilla v. HSY Marketing Ltd., Co. (2018)](https://laborlaw.ph/hubilla-v-hsy-marketing-ltd-co-2018/): Hubilla et al. v. HSY Marketing Ltd., Co., et al., G.R. No. 207354, January 10, 2018, Per Leonen, J.: 1. Background •  HSY Marketing Ltd., Co., Wantofree Oriental Trading, Inc., Coen Fashion House and General Merchandise, Asia Consumer Value Trading, Inc., Fabulous Jeans & Shirt & General Merchandise, LSG Manufacturing Corporation, Unite General Merchandise, Rosario Q. Co, Lucia Pun Lin Yeung, and Alexander Arqueza (respondents) are engaged in manufacturing and selling goods under the brand Novo Jeans & Shirt & General Merchandise (Novo Jeans). •  Sometime in May 2010 and June 2010, several Novo Jeans employees5 went to Raffy Tulfo’s radio […]
- [Aragones v. Alltech Biotechnology Corporation (2025)](https://laborlaw.ph/aragones-v-alltech-biotechnology-corporation-2025/): Aragones v. Alltech Biotechnology Corporation, G.R. No. 251736, April 2, 2025, Per Caguioa, J.: ⦁ On April 1, 2016, petitioner Paolo Landayan Aragones (Aragones) was offered the position Swine Technical Manager – Pacific (STMP) by respondent Alltech Biotechnology Corporation (Alltech). On April 18, 2016, Aragones signed the Offer Letter8 dated April 1, 2016. The Offer Letter outlines the terms and conditions for the position, including the following provisions: Probation Period: 6 months from commencement date Commencement date: 1st July 2016 Employment Contract: You are required to sign an employment contract with Alltech Biotechnology [Corporation] on your first day of work. ⦁ […]
- [Lacson vs. RCCL Crew Management Inc. (2025)](https://laborlaw.ph/lacson-vs-rccl-crew-management-inc-2025/): Case Title: Lacson vs. RCCL Crew Management Inc., Royal Caribbean Cruises Ltd., And Gerardo Antonio BorromeoCitation: G.R. No. 270817Date: January 27, 2025Author: Hernando, J. Parties: Facts: Ruling: The Supreme Court partly granted the petition, finding that Lacson is entitled to permanent and total disability benefits. The Court of Appeals’ decision was reversed and set aside. Findings: Disposition: ACCORDINGLY, the petition is GRANTED. The Decision dated April 14, 2023 and the Resolution dated October 10, 2023 of the Court of Appeals in CA-G.R. SP No. 171761 are REVERSED and SET ASIDE. Respondents are jointly and severally liable to pay petitioner Charlonne Keith […]
- [Maitim vs. Teknika Skills and Trade Services (2025)](https://laborlaw.ph/maitim-vs-teknika-skills-and-trade-services-2025/): Case Title: Maitim vs. Teknika Skills and Trade Services, Inc./Cesar E. Pabellano and Arabian Gulf Company for Maintenance and ContractingCitation: G.R. No. 240734Date: January 15, 2025Author: Gaerlan, J. Parties: Facts: Ruling: The Court found merit in the petition filed by Maitim, Amban, and Mahinay and ruled in their favor. Discussions: Disposition: “Respondents Teknika Skills and Trade Services, Inc. and Arabian Gulf Company for Maintenance and Contracting, along with the corporate officers of Teknika Skills and Trade Services, Inc., are ORDERED to PAY petitioners Stephanie A. Maitim, Margie M. Amban, and Flora Q. Mahinay, jointly and severally: Salary Differentials [USD] 5,318.68 Vacation Leave Pay [USD] 944.19 […]
- [FAQ: Retirement Pay](https://laborlaw.ph/faq-retirement-pay/): Frequently Asked Questions with their Answers What is retirement pay? Retirement pay is a monetary benefit provided to employees who retire from service, ensuring financial support during their retirement years. Who is entitled to retirement pay in the private sector? Employees in the private sector who have reached the retirement age and have served at least five years in the same establishment are entitled to retirement pay. What are the optional and mandatory retirement ages? Optional retirement age is 60 years, while mandatory retirement age is 65 years. How is retirement pay calculated? Retirement pay is equivalent to at least one-half […]
- [FAQ: Separation Pay](https://laborlaw.ph/faq-separation-pay-2/): Frequently Asked Questions with their Answers What is separation pay? Separation pay is additional compensation granted to employees who are terminated from employment due to authorized causes, such as installation of labor-saving devices, redundancy, retrenchment, closure or cessation of operations, or incurable disease. Who is entitled to separation pay? Employees who are terminated due to authorized causes specified in the Labor Code are entitled to separation pay. Are employees dismissed for just causes entitled to separation pay? No, employees terminated for just causes, such as serious misconduct or habitual neglect of duties, are not entitled to separation pay. Is separation pay […]
- [FAQ: Service Incentive Leave](https://laborlaw.ph/faq-service-incentive-leave/): Frequently Asked Questions with their Answers What is Service Incentive Leave (SIL)? SIL refers to five (5) days of paid leave granted to employees who have rendered at least one (1) year of service. Who is entitled to SIL? Employees who have completed at least 12 months of service, whether continuous or broken, are entitled to SIL. Can SIL be used for any purpose? Yes, SIL can be used for any reason, such as vacation or personal matters, at the discretion of the employee. Are unused SIL credits convertible to cash? Yes, employers are required to pay the cash equivalent of […]
- [FAQ: Solo Parent Leave](https://laborlaw.ph/faq-solo-parent-leave/): Frequently Asked Questions with their Answers What is Solo Parent Leave? Solo Parent Leave is a benefit that grants eligible solo parent employees seven (7) working days of leave with full pay each year to enable them to perform parental duties where their physical presence is required. Who qualifies as a solo parent under the law? Solo parent – refers to ‘any individual who falls under any of the following categories: 1) A parent who provides sole parental care and support of the child or children due to – (a) Birth as a consequence of rape, even without final conviction: Provided, […]
- [FAQ: Special Leave for Women](https://laborlaw.ph/faq-special-leave-for-women/): Frequently Asked Questions with their Answers What is the Special Leave Benefit for Women? The Special Leave Benefit for Women is a provision under the Magna Carta of Women (RA 9710) that grants eligible female employees up to two months of leave with full pay following surgery caused by gynecological disorders. Who is eligible to avail of this benefit? Female employees who have rendered at least six months of continuous aggregate service in the last twelve months prior to undergoing surgery for gynecological disorders are eligible. This applies to both public and private sector employees. What qualifies as a gynecological disorder […]
- [FAQ: VAWC Leave](https://laborlaw.ph/faq-vawc-leave/): Frequently Asked Questions with their Answers What is VAWC Leave? VAWC Leave is a benefit under Republic Act No. 9262, granting female employees who are victims of violence up to ten (10) days of paid leave to attend to medical and legal concerns. Who is eligible for VAWC Leave? Female employees in both private and public sectors who have experienced violence, as defined by RA 9262, are eligible. What types of violence are covered under RA 9262? RA 9262 covers physical, sexual, psychological harm, and economic abuse committed against women and their children by their spouses, former spouses, or partners. Is […]
- [Employee Ranks](https://laborlaw.ph/employee-ranks/): Concepts Employee rank – refers to a employee’s hierarchical position in an organization. 1. Employe Ranks Under Labor Law, there are three employee ranks: 1) Managerial employees; 2) Managerial staff; 3) Supervisory employees; and 4) Rank-and-File employees. a. Managerial employees “Managerial employee” is one who is vested with the powers or prerogatives to lay down and execute management policies and/or to hire, transfer, suspend, lay-off, recall, discharge, assign or discipline employees. Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature […]
- [Pre-Employment Requirements](https://laborlaw.ph/pre-employment-requirements/): 1. Concept Pre-employment requirements – refer to those a prospective employer requires from a job applicant prior to being hired or engaged to work. 2. Pre-employment requirements Labor law does not prescribe any specific pre-employment requirements that employers should ask from job applicants. Thus, employers may exercise their management prerogative in choosing which to require from employees. It is for this reason that each company or organization asks for different kinds of pre-employment requirements. a. Documents Employers may ask job applicants for photocopies of the following documents: • Resume, CV, Bio-data • Transcript of Records • PNP or NBI Clearance • […]
- [Anti-Sexual Harassment Workplace Policy](https://laborlaw.ph/anti-sexual-harassment-workplace-policy/): Preliminary R.A. 7877 or the Anti-Sexual Harassment Act of 1995 and R.A. 1113 or the Safe Spaces Act serves as the legal bases for a mandatory workplace policy against sexual harassment in the workplace. 1. Formulation of an anti-sexual harassment policy and program a. Mandatory for the private sector 1) R.A. 7877 R.A. 7877 mandates employers to promulgate company policies against sexual harassment in the workplace, to wit: SEC. 4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational […]
- [Toliongco v. CA (2020)](https://laborlaw.ph/toliongco-v-ca-2020/): Toliongco v. CA, G.R. No. 231748, July 08, 2020, Per Leonen, J.: • On October 30, 2013, respondent Anglo-Eastern Crew Management Philippines (Anglo-Eastern Crew), Inc. employed Toliongco as a Messman on behalf of its foreign principal, Anglo Eastern (ANTWERP), NV. • On February 23, 2014, Toliongco was deployed aboard the vessel M/V Mineral Water. • On the night of June 27, 2014, Toliongco claimed he was cleaning the galley of the ship when he felt the urge to relieve himself. He was on his way to the water closet when he met Chief Officer Korolenko Oleksiy (CO Oleksiy). Toliongco asked CO […]
- [Buban v. Dela Peña (2024)](https://laborlaw.ph/buban-v-dela-pena-2024/): Buban v. Dela Peña, G.R. No. 268399, January 24, 2024, J.: • This case stemmed from an Amended Complaint filed by Francheska Aleen Balaba Buban (Buban) against Xerox Business, Human Resources Manager Rojan Gonzales (Gonzales), and Dela Peña for sexual harassment, non-payment of salary, payment of moral and exemplary damages, and attorney’s fees, before the Labor Arbiter. To support her claim, Buban executed an Affidavit narrating the incidents of sexual harassment. • On November 11, 2014, Buban was hired as Customer Care Senior Specialist in Xerox Business. On March 22, 2015, between 6:00 p.m. and 8:00 p.m., Buban arrived at the […]
- [Gonzales v. Serrano (2008)](https://laborlaw.ph/gonzales-v-serrano-2008/): Gonzales v. Serrano, G.R. No. 175433, March 11, 2015, Per Peralta, J.: • This case arose from an administrative complaint filed by Atty. Maila Clemen F. Serrano (respondent) against her direct superior, Atty. Jacinto C. Gonzales (petitioner), Chief, Legal Division of the Philippine Racing Commission (PHILRACOM), for grave misconduct, sexual harassment and acts of lasciviousness. • In her Complaint-Affidavit5 dated January 12, 2001, respondent alleged that on November 23, 2000, petitioner invited her, along with her officemates, Administrative Officer V Eva Bataller, Atty. III Eugene Juanson, and Stenographer II Roman Vidal, to eat lunch at Buddy’s Restaurant, at J.P. Rizal St., […]
- [Domingo v. Rayala (2008)](https://laborlaw.ph/domingo-v-rayala-2008/): Domingo v. Rayala, G.R. No. 155831, 155840, and 158700, February 18, 2008, Per Nachura, J. • On November 16, 1998, [M.L.] Domingo (Domingo), then Stenographic Reporter III at the NLRC, filed a Complaint for sexual harassment against [then NLRC Chairman] Rayala x x x • To support the Complaint, Domingo executed an Affidavit narrating the incidences of sexual harassment complained of, thus: x x x x 4. Sa simula ay pabulong na sinasabihan lang ako ni Chairman Rayala ng mga salitang “Lot, gumaganda ka yata?” 5. Sa ibang mga pagkakataon nilalapitan na ako ni Chairman at hahawakan ang aking balikat sabay […]
- [LBC Express-VIS, Inc. v. Palco (2020)](https://laborlaw.ph/lbc-express-vis-inc-v-palco-2020/): LBC Express-VIS, Inc. v. Palco, G.R. No. 217101, February 12, 2020, Per Leonen, J: • On January 16, 2009, [M.C.] Palco (Palco) started working for LBC Express-Vis Inc. (LBC) as a customer associate in its Gaisano Danao Branch (LBC Danao). The Branch’s Team Leader and Officer-in-Charge, [A.A.] Batucan (Batucan), endorsed her application for the post and acted as her immediate superior. • While employed at LBC, Palco had initially noticed that Batucan would often flirt with her, which made her uncomfortable. Later, Batucan started sexually harassing her. Batucan’s undisputed acts are detailed as follows: 1. As weeks passed, she noticed something […]
- [FAQ: Statutory Monetary Benefits](https://laborlaw.ph/faq-statutory-monetary-benefits/): NOTICE: The following frequently asked questions and their answers (FAQ) cover all statutory monetary benefits or legally mandated benefits that an employer is required to pay to the employees. To be clear, the use of the term statutory monetary benefits herein contemplates or includes: (a) 13th month pay, holiday pay, night shift differential pay, statutory monetary benefits, premium pay, retirement pay, separation pay, service charges; and (b) maternity leave, paternity leave, service incentive leave, solo parent leave, special leave for women, and VAWC leave.  Thus, statutory monetary benefits that will be coming from the Government are excluded (e.g. SSS benefits, PhilHealth […]
- [FAQ: Separation Pay](https://laborlaw.ph/faq-separation-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Separation Pay a. Entitlement Is a resigning employee entitled to separation pay? No, a resigning employee is not entitled to separation pay. Separation pay is only due to employees who have been separated from employment due to an authorized cause. […]
- [FAQ: Service Charges](https://laborlaw.ph/faq-service-charges/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Service Charges Are managerial employees entitled to service charges? No, managerial employees are not entitled to service charges. Only rank-and-file employees of covered establishments are entitled to service charges. a. Entitlement Are employees of DO-174 contractors or subcontractors entitled to […]
- [FAQ: 13th Month Pay](https://laborlaw.ph/faq-13th-month-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to 13th Month Pay What is 13th-month pay? The 13th-month pay is an additional compensation mandated by law, equivalent to one-twelfth (1/12) of an employee’s total basic salary earned within a calendar year. a. Entitlement Who is entitled to receive 13th-month […]
- [Computation of 13th Month Pay](https://laborlaw.ph/computation-of-13th-month-pay/): 1. Computation These are the steps on how to compute for the 13th month pay. The following are the assumptions: 1) The employee’s daily wage rate is Php1,000.00; 2) The workweek is 6 days a week; and 3)There is one rest day per week. a. Complete basic salary earned in a year If covered employees have complete attendance in a year, then their 13th month pay is computed as follows: Months Workdays Services Rendered Basic Salary Earned (Php) January 27 Complete attendance 27,000.00 February 24 Complete attendance 24,000.00 March 26 Complete attendance 26,000.00 April 26 Complete attendance 26,000.00 May 26 Complete […]
- [Computation of Separation Pay](https://laborlaw.ph/computation-of-separation-pay/): When covered employees are separated from employment due to an authorized cause, they are entitled to separation pay which is computed based on the authorized cause. 1. Computation These are the steps on how to compute for separation pay. a. One month pay or one-half month (1/2) pay for every year of service, whichever is higher The following is the assumption: 1)The employee’s monthly rate is Php30,000.00. 2) The following authorized causes are applicable. Separation Pay Authorized Cause Whichever is higher of: (a) one month pay; or (b) one-half (1/2) month pay for every year of service 1) Retrenchment (i.e. due […]
- [Computation of Retirement Pay, Private Sector](https://laborlaw.ph/computation-of-retirement-pay-private-sector/): If covered employees qualify for retirement, they are entitled to a retirement pay of at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one (1) whole year. 1. Computation 1/2 month salary or 22.5 days The minimum retirement pay is equivalent to one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one (1) whole year. (P.D. 442, Labor Code, Article 287; 2023 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, pp. 48-49) The term “one-half […]
- [Computation of Premium Pay](https://laborlaw.ph/computation-of-premium-pay/): 1. Computation These are the steps on how to compute for the premium pay. The following are the assumptions: 1) The employee’s daily rate is Php1,000.00. 2) The employee works for 8 hours. a. Work on a rest day or special non-working day If there is work performed on a rest day or special non-working day, a covered employee is entitled to a premium pay of 30% of his basic wage or a total of 130%. Formula: day’s wage x 130% = day’s wage with premium pay Sample computation: Php1,000.00 x 130% = Php1,300.00 b. Work on a rest day falling […]
- [Computation of Overtime Pay](https://laborlaw.ph/computation-of-overtime-pay/): If covered employees perform overtime work, they are entitled to overtime pay of at least 25% their regular hourly rate. 1. Computation These are the steps on how to compute for overtime pay. The following are the assumptions: 1) The covered employee’s hourly rate is Php100.00. 2) The covered employee regularly works for 8 hours. These are the steps on how to compute for overtime pay. Step 1: Determine the employee’s hourly rate. Formula: daily rate ÷ 8 hours = hourly rate Sample computation: Php800.00 ÷ 8 hours = Php100.00/hour Step 2: To get the hourly overtime pay, compute for 25% […]
- [Impossible Reinstatement](https://laborlaw.ph/impossible-reinstatement/): 1. Concept Impossible reinstatement – refers to the non-feasibility or non-probability of reinstating an employee. 2. Grounds The following are the grounds for impossibility of reinstatement: 1) When the former position of the illegally dismissed employee no longer exists; or 2) When the employer’s business has closed down; or 3) When the employer-employee relationship has already been strained as to render the reinstatement impossible; or 4) A “considerable time” has lapsed between the dismissal and the resolution of the case. (Manila Jockey Club, Inc. v. Trajano, G.R. No. 160982, June 26, 2013, Per Bersamin, J.) a. Non-existence of former position ‘[R]einstatement […]
- [Proof of Service](https://laborlaw.ph/proof-of-service/): 1. Concept Proof of service – refers to evidence presented before a labor court to show or establish that proper service of a required notice or document has been served to a person. 2. Service Service – refers to the act of delivering a notice or document to a person. Delivery – refers to the act of handing, giving, or dropping a notice or document in the physical/actual presence of the person intended to be served. a. Service as delivery Service means delivery, not receipt. This is because it is public knowledge that many individuals refuse to receive legal notices, demand […]
- [SSS Benefits](https://laborlaw.ph/sss-benefits/): 1. Concept Social security benefits – refer to the ‘package of benefits under the Social Security Program in the event of death, disability, sickness, maternity, old age and unemployment. Work-related death, disability and sickness also receive benefits under the Employees’ Compensation (EC) Programs. Basically, social security provides replacement for income lost on account of the aforementioned contingencies. (2024 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, p. 59) 2. Coverage The Social security benefits cover ‘all employees including kasambahays or domestic workers not over sixty (60) years of age and their employer.’ (DOLE-BWC Handbook; R.A. 11199 [2019], Sec. 9) […]
- [PhilHealth Benefits](https://laborlaw.ph/philhealth-benefits/): 1. Concept PhilHealth benefits – refer to the benefits provided for under the National Health Insurance Program (NHIP) a. National Health Insurance Program ‘The National Health Insurance Program (NHIP) is a compulsory health insurance program of the government established to provide universal health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Philippines.’ (2024 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, p. 57) 2. Coverage ‘The NHIP covers all Filipinos pursuant to Republic Act No. 11223 or the Universal Health Care (UHC) Act.’ (DOLE-BWC Handbook, p. 57) 3. Benefits PhilHealth […]
- [Pag-IBIG Benefits](https://laborlaw.ph/pag-ibig-benefits/): 1. Concept Pag-IBIG benefits – refer to the benefits provided for by the Home Development Mutual Fund (HDMF), also known as Pag-IBIG (Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Goberyno) Fund. a. Home Development Mutual Fund ‘The Home Development Mutual Fund (HDMF), also known as Pag-IBIG (Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Goberyno) Fund, is a Government-Owned and Controlled Corporation (GOCC) that provides the Filipino workers access to a secured savings and affordable home financing to improve the quality of their lives.’ (2023 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, p. 61) 2. Coverage ‘Pag-IBIG membership is […]
- [Solo Parent Employees](https://laborlaw.ph/solo-parent-employees/): 1. Concept Solo parents – refers to ‘any individual who falls under any of the following categories: (a) A parent who provides sole parental care and support of the child or children due to – (1) Birth as a consequence of rape, even without final conviction: Provided, That the mother has the sole parental care and support of the child or children: Provided, further, That the solo parent under this category may still be considered a solo parent under any of the categories in this section; (2) Death of the spouse; (3) Detention of the spouse for at least three (3) […]
- [Persons in the Personal Service of Another](https://laborlaw.ph/persons-in-the-personal-service-of-another/): 1. Concept Persons in the personal service of another – refers to individuals who regularly provide service to individuals or a family, without being a kasambahay or a domestic worker, and not necessarily relating to domestic work. They may include personal/family drivers (Atienza v. Saluta, G.R. No. 233413, June 17, 2019, Per Reyes, Jr., J.), personal/family security or bodyguard, personal assistants, carers, or aides. Domestic worker or Kasambahay – refers to ‘any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall […]
- [Kasambahay or Domestic Worker](https://laborlaw.ph/kasambahay-or-domestic-worker/): 1. Concept Domestic worker or Kasambahay – refers to ‘any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.’ (R.A. 10361, Domestic Workers Act or Batas Kasambahay. Section 4 [d]) NB: The term ‘domestic worker’ or kasambahay ‘does not include children who are under foster family arrangement, and are provided access to education and given an allowance incidental to education, i.e. “baon”, transportation, school […]
- [Cases: Prescriptive Period for Illegal Dismissal](https://laborlaw.ph/cases-prescriptive-period-for-illegal-dismissal/): These are the related Labor Law Cases or Jurisprudence. 1. 4 years from accrual of cause of action Arriola v. Pilipino Star Ngayon, Inc. G.R. No. 175689, 13 August 2014 [BACKGROUND] In July 1986, Pilipino Star Ngayon, Inc. employed [the employee] as correspondent assigned in Olongapo Cityand Zambales. [The employee] had held various positions in Pilipino Star Ngayon, Inc. before becoming a section editor and writer of its newspaper. He wrote “Tinig ng Pamilyang OFWs” until his column was removed from publication on November 15, 1999. Since then, [the employee] never returned for work. In his reply, [the employee] denied that […]
- [Company-initiated Policies](https://laborlaw.ph/company-initiated-policies/): 1. Concept Company-initiated Policies – refer to workplace policies and programs issued by the employer in the exercise of its management prerogative, i.e., discretionary policies, and thus not necessarily as required by labor law (cf. Mandatory Workplace Policies and Programs). So long as they are not contrary to laws, morals, good customs, or public policies, Company-issued Policies are valid and binding against both employer and employees. Company-issued Policies may include, but are not limited: • Breastfeeding Workplace Policy • Code of Conduct and Discipline Policy • Compensation and Benefits Policy • Family Welfare Program • Retirement Policy • Social Media Policy […]
- [Guide to DOLE Visit, Inspection, or Investigation](https://laborlaw.ph/guide-to-dole-visit-inspection-or-investigation/): 1. Concept DOLE labor standards inspection – refers to the exercise of the DOLE Secretary’s visitorial and enforcement powers in relation to administering and enforcing labor standards in establishments, either through a Technical and Advisory Visit, a Labor Inspection, or an Occupational Safety and Health Investigation. a. Legal basis 1) Legislation ART. 128. Visitorial and Enforcement Power. – (a) The Secretary of Labor and Employment or his duly authorized representatives, including labor regulation officers, shall have access to employer’s records and premises at any time of the day or night whenever work is being undertaken therein, and the right to copy […]
- [Unorganized Establishments](https://laborlaw.ph/unorganized-establishments/): 1. Concept Unorganized establishments – under the Labor Code Code, refer to establishments where there is no recognized or certified legitimate labor organization which has been elected to be the sole and exclusive bargaining agent (SEBA) for purposes of collective bargaining with the employer. References • Article 268, Title VII, Book V, P.D. 442, Labor Code ⦁ Book V, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines ⦁ Book V, Omnibus Rules Implementing the Labor Code ⦁ DOLE Department Order No. 40, Series of 2003 ⦁ DOLE Department Order No. 40-A-I, Series of 2003 ⦁ DOLE Department Order No. […]
- [Organized Establishments](https://laborlaw.ph/organized-establishments/): 1. Concept “Organized Establishment” refers to an enterprise where there exists a recognized or certified sole and exclusive bargaining agent. (Section 1[11], Rule I, Department Order No. 40, Series of 2003) Organized establishments – under the Labor Code Code, refer to establishments where the employees have organized and elected a legitimate labor organization to be its sole and exclusive bargaining agent (SEBA) for purposes of collective bargaining with the employer. References • Article 268, Title VII, Book V, P.D. 442, Labor Code ⦁ Book V, Presidential Decree No. 442, a.k.a. Labor Code of the Philippines ⦁ Book V, Omnibus Rules Implementing […]
- [Carpio v. Modair Manila Co. Ltd. (2021)](https://laborlaw.ph/carpio-v-modair-manila-co-ltd-2021/): Carpio v. Modair Manila Co. Ltd., G.R. No. 239622, June 21, 2021, Lopez, J.: 1. Background • A Certificate of Employment dated May 23, 2013 issued by Modair’s Deputy General Manager indicates that Carpio has been employed as a “contractor’s employee (per project basis),” designated as “Electrician 3,” from October 27, 1998 to April 10, 2013.8 Apart from the Certificate of Employment, the evidence provides no further information regarding Carpio’s employment between 1998 to 2008, only providing details from 2008 onwards. • In a Memorandum dated August 1, 2008, Modair informed Carpio that the “IBIDEN BACK END EXPANSION Project will soon […]
- [Five J Taxi v. NLRC (1994)](https://laborlaw.ph/five-j-taxi-v-nlrc-1994/): Five J Taxi v. NLRC, G.R. No. 111474, August 22, 1994, Regalado, J.: 1. Background • [The Complainants] Domingo Maldigan and Gilberto Sabsalon were hired by [the Company] as taxi drivers 2 and, as such, they worked for 4 days weekly on a 24-hour shifting schedule. Aside from the daily “boundary” of P700.00 for air-conditioned taxi or P450.00 for non-air-conditioned taxi, they were also required to pay P20.00 for car washing, and to further make a P15.00 deposit to answer for any deficiency in their “boundary,” for every actual working day. • Sometime in 1989, Maldigan requested [the Company] for the […]
- [Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)](https://laborlaw.ph/nina-jewelry-manufacturing-of-metal-arts-inc-v-montecillo-2011/): Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo, G.R. No. 188169, November 28, 2011, Per Reyes, J.: 1. Background • Madeline Montecillo (Madeline) and Liza Trinidad (Liza), hereinafter referred to collectively as [the Complainants], were first employed as goldsmiths by [the Company] Niña Jewelry Manufacturing of Metal Arts, Inc. (Niña Jewelry) in 1996 and 1994, respectively. Madeline’s weekly rate was P1,500.00 while Liza’s was P2,500.00. • There were incidents of theft involving goldsmiths in Niña Jewelry’s employ. • On August 13, 2004, Niña Jewelry imposed a policy for goldsmiths requiring them to post cash bonds or deposits in varying amounts […]
- [Rivera v. Solidbank Corporation (2006)](https://laborlaw.ph/rivera-v-solidbank-corporation-2006/): Rivera v. Solidbank Corporation, G.R. No. 163269, April 19, 2006, Callejo, Sr., J.: 1. Background • [The employee] had been working for Solidbank Corporation since July 1, 1977.3 He was initially employed as an Audit Clerk, then as Credit Investigator, Senior Clerk, Assistant Accountant, and Assistant Manager. Prior to his retirement, he became the Manager of the Credit Investigation and Appraisal Division of the Consumer’s Banking Group. In the meantime, [the employee] and his brother-in-law put up a poultry business in Cavite. • In December 1994, Solidbank offered two retirement programs to its employees: (a) the Ordinary Retirement Program (ORP), under […]
- [Duncan Association of Detailman-PTGWO vs. Tecson (2004)](https://laborlaw.ph/duncan-association-of-detailman-ptgwo-vs-tecson-2004/): CASE DETAILS Case Title                           Duncan Association of Detailman-PTGWO vs. Tecson Citation G.R. No. 162994, September 17, 2004 Penned by Tinga, J. 1. Background • [The employee] [P.A.] Tecson (Tecson) was hired by respondent Glaxo Wellcome Philippines, Inc. (Glaxo) as medical representative on October 24, 1995, after Tecson had undergone training and orientation. • Thereafter, Tecson signed a contract of employment which stipulates, among others, that he agrees to study and abide by existing company rules; to disclose to management any existing or future relationship by consanguinity or affinity with co-employees or employees of competing drug companies and should management find […]
- [Yrasuegi v. Philippine Airlines, Inc. (2008)](https://laborlaw.ph/yrasuegi-v-philippine-airlines-inc-2008/): Yrasuegi v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008, Reyes, R.T., J. 1. Background • THIS case portrays the peculiar story of an international flight steward who was dismissed because of his failure to adhere to the weight standards of the airline company. • [The employee] [A.G.] Yrasuegui was a former international flight steward of Philippine Airlines, Inc. (PAL). He stands five feet and eight inches (5’8”) with a large body frame. The proper weight for a man of his height and body structure is from 147 to 166 pounds, the ideal weight being 166 pounds, as mandated by […]
- [Eastern Telecommunications Philippines, Inc. v. ETEU (2012)](https://laborlaw.ph/eastern-telecommunications-philippines-inc-v-eteu-2012/): Eastern Telecommunications Philippines, Inc. v. Eastern Telecoms Employees Union, G.R. No. 185665, February 8, 2012, Mendoza, J.: 1. Background • Eastern Telecommunications Phils., Inc. (ETPI) is a corporation engaged in the business of providing telecommunications facilities, particularly leasing international date lines or circuits, regular landlines, internet and data services, employing approximately 400 employees. • Eastern Telecoms Employees Union (ETEU) is the certified exclusive bargaining agent of the company’s rank and file employees with a strong following of 147 regular members. It has an existing collective bargaining agreement with the company to expire in the year 2004 with a Side Agreement signed […]
- [Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO (2016)](https://laborlaw.ph/echo-2000-commercial-corporation-v-obrero-filipino-echo-2000-chapter-clo-2016/): Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO, G.R. No. 214092, January 11, 2016, Reyes, J.: 1. Background • Echo is a provider of warehousing management and delivery services. • King 8 Commercial Corporation (King 8), Echo’s predecessor, initially employed Cortes on September 17, 2002, and Somido, on October 12, 2004. Echo thereafter absorbed [the employees] as employees on April 1, 2005. In 2008, Somido was made a Warehouse Checker, while Cortes, a Forklift Operator.6 • In January of 2009, [the employees] and their co-workers formed Obrero Pilipino-Echo 2000 Commercial Chapter (Union). Cortes was elected as Vice-President while Somido became […]
- [Yulo v. Concentrix Daksh Services Philippines, Inc. (2019)](https://laborlaw.ph/yulo-v-concentrix-daksh-services-philippines-inc-2019/): Yulo v. Concentrix Daksh Services Philippines, Inc., G.R. No. 235873, January 21, 2019, Perlas-Bernabe, J.: 1. Background a. Complainants’ position • [The employee] alleged that he was engaged by [the employer] on March 26, 2014 as a Customer Care Specialist-Operations, with a basic monthly salary of P12,190.00 and guaranteed allowance of ₱3,125.00. Thereafter, he was assigned to the account of Amazon.com, Inc. (Amazon). • On February 17, 2015, [the employee] received a letter from [the employer] informing him that Amazon intended to “right size the headcount of the account due to business exigencies/requirements” and thus, he would be temporarily placed in […]
- [Imasen Philippine Manufacturing Corporation v. Alcon (2014)](https://laborlaw.ph/imasen-philippine-manufacturing-corporation-v-alcon-2014/): Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No. 194884, October 22, 2014, Brion, J.: 1. Background • [The employer] Imasen Philippine Manufacturing Corporation is a domestic corporation engaged in the manufacture of auto seat-recliners and slide-adjusters. It hired the [the employees] as manual welders in 2001. • On October 5, 2002, the [the employees] reported for work on the second shift – from 8:00 pm to 5:00 am of the following day. At around 12:40 am, Cyrus A. Altiche, Imasen’s security guard on duty, went to patrol and inspect the production plant’s premises. When Altiche reached Imasen’s Press Area, he heard […]
- [Peckson v. Robinsons Supermarket Corporation (2013)](https://laborlaw.ph/peckson-v-robinsons-supermarket-corporation-2013/): Peckson v. Robinsons Supermarket Corporation, G.R. No. 198534, July 3, 2013, Reyes, J.: 1. Background • The [complainant-employee] first joined the Robinsons Supermarket Corporation (RSC) as a Sales Clerk on November 3, 1987. On October 26, 2006, she was holding the position of Category Buyer when respondent Roena Sarte (Sarte), RSC’s Assistant Vice-President for Merchandising, reassigned her to the position of Provincial Coordinator, effective November 1, 2006. Claiming that her new assignment was a demotion because it was non-supervisory and clerical in nature, [the employee] refused to turn over her responsibilities to the new Category Buyer, or to accept her new […]
- [Sagun v. ANZ Global Services and Operations (Manila), Inc. (2016)](https://laborlaw.ph/sagun-v-anz-global-services-and-operations-manila-inc-2016/): Sagun v. ANZ Global Services and Operations (Manila), Inc., G.R. No. 220399, August 22, 2016, Perlas-Bernabe, J.: 1. Background • [The employee] was employed at Hongkong and Shanghai Banking Corporation Electronic Data Processing (Philippines), Inc. (HSBC-EDPI) when he applied online for the position of Payments and Cash Processing Lead at respondent ANZ Global Services and Operations (Manila), Inc. (ANZ), a domestic corporation whose businesses involve a full range of banking products and services. • After passing the interview and online examination, ANZ, through its Senior Vice President for Operations, Gay Cruzada (Cruzada), offered [the employee] the position of Customer Service Officer, […]
- [Abbott Laboratories v. Alcaraz (2013)](https://laborlaw.ph/abbott-laboratories-v-alcaraz-2013/): Abbott Laboratories v. Alcaraz, En Banc, G.R. No. 192571, July 23, 2013, Perlas-Bernabe., J.: 1. Background • On June 27, 2004, [petitioners-employers] Abbott Laboratories, Philippines (Abbott) caused the publication in a major broadsheet newspaper of its need for a Medical and Regulatory Affairs Manager (Regulatory Affairs Manager) who would: (a) be responsible for drug safety surveillance operations, staffing, and budget; (b) lead the development and implementation of standard operating procedures/policies for drug safety surveillance and vigilance; and (c) act as the primary interface with internal and external customers regarding safety operations and queries.4 Alcaraz – who was then a Regulatory Affairs […]
- [Dongon v. Rapid Movers and Forwarders Co., Inc. (2013)](https://laborlaw.ph/dongon-v-rapid-movers-and-forwarders-co-inc-2013/): Dongon v. Rapid Movers and Forwarders Co., Inc., G.R. No. 163431, August 28, 2013, Bersamin, J.: 1. Background • From the records, it appears that [the employer] [Rapid Movers and Forwarders Co., Inc.] is engaged in the hauling and trucking business while [the employee] Nathaniel T. Dongon is a former truck helper leadman. • [The employee]’s area of assignment is the Tanduay Otis Warehouse where he has a job of facilitating the loading and unloading [of the] [employer]’s trucks. On 23 April 2001, [the employee] and his driver, Vicente Villaruz, were in the vicinity of Tanduay as they tried to get […]
- [Abasolo v. NLRC (2000)](https://laborlaw.ph/abasolo-v-nlrc-2000/): CASE DETAILS Case Title                           Abasolo v. NLRC Citation G.R. No. 119475, November 29, 2000 Penned by De Leon, Jr., J. 1. Background • [The Company] La Union Tobacco Redrying Corporation (LUTORCO), which is owned by private respondent See Lin Chan, is engaged in the business of buying, selling, redrying and processing of tobacco leaves and its by-products. Tobacco season starts sometime in October of every year when tobacco farmers germinate their seeds in plots until they are ready for replanting in November. The harvest season starts in mid-February. Then, the farmers sell the harvested tobacco leaves to redrying plants or […]
- [Inocentes v. R. Syuco Construction, Inc. (2019)](https://laborlaw.ph/inocentes-v-r-syuco-construction-inc-2019/): Inocentes v. R. Syuco Construction, Inc., G.R. No. 237020, July 29, 2019, Inting, J.: 1. Background • [The Complainants were hired as construction workers.] • [The Company is engaged in the business of construction.] a. Complainants’ position • [The Complainants] claimed that [the Company], a construction corporation, employed them as construction workers with shifts from 7:00 p.m. to 7:00 a.m. every night. Despite this work circumstance, they purportedly never received night differential, overtime pay, rest day pay, service incentive leave pay, ECOLA, 13th month pay as well as holiday premium pay; and, neither did they receive the mandated minimum wage. They […]
- [Philippine Daily Inquirer, Inc. v. Magtibay (2007)](https://laborlaw.ph/philippine-daily-inquirer-inc-v-magtibay-2007/): Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No. 164532, July 24, 2007, Garcia, J.: 1. Background • [The Company is engaged in the publication of news.] • [The Complainant was engaged as a regular phone operator.] • On February 7, 1995, PDI hired Magtibay, on contractual basis, to assist, for a period of five months from February 17, 1995, the regular phone operator. Before the expiration of Magtibay’s contractual employment, he and PDI agreed to a fifteen-day contract extension, or from July 17, 1995 up to July 31, 1995, under the same conditions as the existing contract. • After the expiration […]
- [Mitsubishi Motors Philippines Corporation v. Chrysler Philippines Labor Union (2004)](https://laborlaw.ph/mitsubishi-motors-philippines-corporation-v-chrysler-philippines-labor-union-2004/): Mitsubishi Motors Philippines Corporation v. Chrysler Philippines Labor Union, G.R. No. 148738, June 29, 2004, Callejo, Sr., J.: 1. Background • [The Company] Mitsubishi Motors Philippines Corporation (MMPC) is a domestic corporation engaged in the assembly and distribution of Mitsubishi motor vehicles. • Chrysler Philippines Labor Union (CPLU) is a legitimate labor organization and the duly certified bargaining agent of the hourly-paid regular rank and file employees of MMPC. • Nelson Paras was a member of CPLU. • Nelson Paras was first employed by MMPC as a shuttle bus driver on March 19, 1976. He resigned on June 16, 1982. He […]
- [University of Santo Tomas (UST) v. Samahang Manggagawa ng UST (2017)](https://laborlaw.ph/university-of-santo-tomas-ust-v-samahang-manggagawa-ng-ust-2017/): University of Santo Tomas (UST) v. Samahang Manggagawa ng UST, G.R. No. 184262, April 24, 2017, Perlas-Bernabe, J.: 1. Background • [The Complainants – represented by their union – were engaged to perform various maintenance duties within its campus, i.e., as laborer, mason, tinsmith, painter, electrician, welder, carpenter.] • [The Company was a university engaged in providing.] a. Complainant’s position • [The Complainants] alleged that on various periods spanning the years 1990-1999, [the Company] repeatedly hired Pontesor, et al. to perform various maintenance duties within its campus, i.e., as laborer, mason, tinsmith, painter, electrician, welder, carpenter. Essentially, [the Complainants] insisted that […]
- [Paragele v. GMA Network (2020)](https://laborlaw.ph/paragele-v-gma-network-2020/): Paragele v. GMA Network, Inc., G.R. No. 235315, July 13, 2020, Leonen, J.: 1. Background • [The Company was engaged in broadcasting.] • [The Complainants were engaged as cameraman or assistant cameraman.] a. Complainants’ position • [The Complainants- who were engaged as cameraman or assistant cameraman] claimed that they were regular employees of [the Company] GMA, having been employed and dismissed. • With respect to the element of control, [the Complainants] allege that their work schedules were provided by GMA and that they were required to stay in their work sites before and after every taping. GMA likewise provided the equipment […]
- [Maraguinot, Jr. v. NLRC (1998)](https://laborlaw.ph/maraguinot-jr-v-nlrc-1998/): Maraguinot, Jr. v. NLRC, G.R. No. 120969, January 22, 1998, Davide, Jr., J.: 1. Background • [The Complainant] Alejandro Maraguinot, Jr. maintains that he was employed by private respondents on 18 July 1989 as part of the filming crew… About four months later, he was designated Assistant Electrician… In June 1991, he was promoted to the rank of Electrician… in September 1991. • [The Complainant] Paulino Enero, on his part, claims that [the Company] employed him in June 1990 as a member of the shooting crew… in May 1991, then… on 21 December 1991. • [The Complainants’] tasks consisted of loading, […]
- [Poseidon Fishing v. NLRC, Estoquia (2006)](https://laborlaw.ph/poseidon-fishing-v-nlrc-estoquia-2006/): Poseidon Fishing/Terry De Jesus v. NLRC, Estoquia, G.R. No. 168052, February 20, 2006, Chico-Nazario, J.: 1. Background • [The Company] … assert[ed] that deep-sea fishing is a seasonal industry because catching of fish could only be undertaken for a limited duration or seasonal within a given year. Thus, according to [the Company], [the Complainant]was a seasonal or project employee. 2. SC Decision/Resolution • We [the Supreme Court] are not won over. • As correctly pointed out by the Court of Appeals, the “activity of catching fish is a continuous process and could hardly be considered as seasonal in nature.” In Philex […]
- [Universal Robina Sugar Milling v. Acibo (2019)](https://laborlaw.ph/universal-robina-sugar-milling-v-acibo-2019/): Universal Robina Sugar Milling Corporation v. Acibo, G.R. No. 186439, 15 January 2019, Brion, J.: 1. Background • The [Company] maintain[s] that [the Complainants] are contractual or project/seasonal workers and not regular employees of [the Company]. They thus argue that the [Court of Appeals] erred in applying the legal parameters and guidelines for regular employment to the [the Complainants’] case. They contend that the legal standards – length of the employee’s engagement and the desirability or necessity of the employee’s work in the usual trade or business of the employer – apply only to regular employees under paragraph 1, Article 280 […]
- [Dumpit-Murillo v. CA, Associated Broadcasting Company (2007)](https://laborlaw.ph/dumpit-murillo-v-ca-associated-broadcasting-company-2007/): Dumpit-Murillo v. CA, Associated Broadcasting Company, G.R. No. 164652, June 8, 2007, Quisumbing, J.: 1. Background • On October 2, 1995, under Talent Contract No. NT95-1805, [the Company – engaged in broadcasting] hired [the Complainant] as a newscaster and co-anchor for Balitang-Balita, an early evening news program. The contract was for a period of three months. It was renewed under Talent Contracts Nos. NT95-1915, NT96-3002, NT98-4984 and NT99-5649.5 In addition, [the Complainant’s] services were engaged for the program “Live on Five.” On September 30, 1999, after four years of repeated renewals, petitioner’s talent contract expired. Two weeks after the expiration of […]
- [FAQ: Overtime Pay](https://laborlaw.ph/faq-overtime-pay/): 1. In General See: FAQ: Statutory Monetary Benefits. The above FAQ covers frequently asked questions with their answers (FAQ) involving statutory monetary benefits in terms of general application, i.e., the questions and answers apply to all forms of statutory monetary benefits, including this current benefit. Thus, the following questions and answers are specific only to the present benefit. 2. Specific to Overtime Pay a. Work on an overtime May an employer compel overtime work? Generally, an employer cannot simply compel overtime work if there is no emergency as enumerated under the Omnibus Rules Implementing the Labor Code. (Last paragraph, Section 10, […]
- [Omnibus Rules Implementing the Labor Code: About](https://laborlaw.ph/omnibus-rules-implementing-the-labor-code-about/): Omnibus rules and regulations is a compilation of implementing rules and regulations after the passage of the Labor Code. 1. Concept Omnibus Rules Implementing the Labor Code (“the Omnibus Rules”) – refers to the then all-encompassing rules and regulations implementing Presidential Decree No. 442 or the Labor Code. a. P.D. 442 and the Omnibus Rules The Omnibus Rules, as the word omnibus suggests, was intended to a compilation of rules and regulations to implement the Labor Code after it took effect on May 1, 1974. For every book, title, and chapter of the Labor Code, there were equivalent implementing rules or […]
- [Drivers](https://laborlaw.ph/drivers/): 1. Concept Drivers – refers to those who drive a car or vehicle for a living. 2. Kinds of drivers There generally two (2) kinds of drivers: 1) Independent contractors; and 2) Employees. a. Drivers as independent contractors Drivers who are independent contractors offer their services to another who is the client or customer without the expectation of becoming an employee of the client or customer. The following are examples of independent contractors who are drivers: 1) Ride hailing application drivers – those who transport individuals after accepting the job form a mobile application); 2) Delivery drivers – those who transport […]
- [FAQ: Resignation](https://laborlaw.ph/faq-resignation/): Answers to frequently asked questions on resignation in the Philippines. 1. In General What is resignation? Resignation – refers to employees voluntarily and willfully exiting from employment after finding themselves in a situation that they have to severe their employment as personal reasons outweighs the demands of the work that they were doing. Legal definition: Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. (Pascua v. Bank Wise […]
- [Government -owned or -controlled corporations](https://laborlaw.ph/government-owned-or-controlled-corporations/): GOCCs without original charters are covered by the Labor Code, not the Civil Service Law. 1. Concept “Government-Owned or -Controlled Corporation (GOCC)” – refers to any agency organized as a stock or nonstock corporation, vested with functions relating to public needs whether governmental or proprietary in nature, and owned by the Government of the Republic of the Philippines directly or through its instrumentalities either wholly or, where applicable as in the case of stock corporations, to the extent of at least a majority of its outstanding capital stock: Provided, however, That for purposes of [R.A. 10149], the term “GOCC” shall include […]
- [Prescriptive periods, interruption, penalties](https://laborlaw.ph/prescriptive-periods-interruption-penalties/): “Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever. 1. Prescriptive periods “Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever. 2. Monetary claims a. 3-year prescription ART. 306. [291] Money Claims.  All money claims arising from employer – employee relations accruing during the effectivity of this Code shall be filed within three […]
- [Sole and exclusive bargaining agent (SEBA)](https://laborlaw.ph/sole-and-exclusive-bargaining-agent-seba/): “Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit. 1. Concept “Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit. (Section 1[u], Rule I, DOLE Department Order No. 40, Series of 2003, as amended by A-I) The Exclusive Bargaining Representative is also known as the Sole and Exclusive Bargaining Agent (“SEBA”) 2. Determination of SEBA The determination […]
- [Request for sole and exclusive bargaining (SEBA) certification](https://laborlaw.ph/request-for-sole-and-exclusive-bargaining-seba-certification/): Any legitimate labor organization may file a request for SEBA certification. 1. Concept Any legitimate labor organization may file a request for SEBA certification. (Section 1, Rule VII, DOLE Department Order No. 40, Series of 2003, as amended by A-I) a. Where to file [The SEBA request may be filed] in the Regional Office which issued its certificate of registration or certificate of creation of chartered local. (Ibid.) b. Requirements for Request of SEBA Certification The request for certification shall indicate: 1) The name and address of the requesting legitimate labor organization; 2) The name and address of the company where […]
- [Overseas Filipino Workers (OFWs)](https://laborlaw.ph/overseas-filipino-workers-ofws/): 1. Concept “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which the person is not a citizen, or on board a vessel navigating the foreign seas other than a government ship used for military or noncommercial purposes, or on an installation located offshore or on the high seas. (Section 7[g], R.A. 10801, Overseas Workers Welfare Administration Act) a. Upholding the dignity of OFWs SAMEER OVERSEAS PLACEMENT AGENCY, INC. v. CABILES, G.R. No. 170139, 05 August 2014) ⦁ We face a diaspora […]
- [Unfair Labor Practices by a Labor Organization](https://laborlaw.ph/unfair-labor-practices-by-a-labor-organization/): Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization. 1. Concept “Unfair labor practices” – violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. (Article 258, P.D. 442, Labor Code) 3. Labor Organization Unfair labor practices Unfair labor practices may be committed both by the employer under […]
- [Unfair Labor Practices by an Employer](https://laborlaw.ph/unfair-labor-practices-by-an-employer/): Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization. 1. Concept “Unfair labor practices” – violate the constitutional right of workers and employees to self-organization, are inimical to the legitimate interests of both labor and management, including their right to bargain collectively and otherwise deal with each other in an atmosphere of freedom and mutual respect, disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations. (Article 258, P.D. 442, Labor Code) 2. Employer Unfair Labor Practices Unfair labor practices may be committed both by the employer under Article […]
- [Rights and Conditions of Membership in Labor Organizations](https://laborlaw.ph/rights-and-conditions-of-membership-in-labor-organizations/): Being a member of a labor organization comes with rights and conditions. 1. Concept The following are the rights and conditions of membership in a labor organization: 1) No arbitrary or excessive initiation fees shall be required of the members of a legitimate labor organization nor shall arbitrary, excessive or oppressive fine and forfeiture be imposed; 2) The members shall be entitled to full and detailed reports from their officers and representatives of all financial transactions as provided for in the constitution and by-laws of the organization; 3) The members shall directly elect their officers in the local union, as well […]
- [Labor Disputes](https://laborlaw.ph/labor-disputes/): “Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. (Article 219[l], P.D. […]
- [Employees](https://laborlaw.ph/employees/): “Employee” – includes any person in the employ of an employer. 1. Concept “Employee” – includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection with any current labor dispute or because of any unfair labor practice if he has not obtained any other substantially equivalent and regular employment. (Article 219, P.D. 442, Labor Code) “Employer” – includes any person acting in the interest of an employer, […]
- [Employers](https://laborlaw.ph/employers/): “Employer” – includes any person acting in the interest of an employer, directly or indirectly. 1. Concept “Employer” – includes any person acting in the interest of an employer, directly or indirectly. The term shall not include any labor organization or any of its officers or agents except when acting as employer. (Article 219[e], Ibid.) “Employee” – includes any person in the employ of an employer. The term shall not be limited to the employees of a particular employer, unless the Code so explicitly states. It shall include any individual whose work has ceased as a result of or in connection […]
- [Constructive Dismissal](https://laborlaw.ph/constructive-dismissal/): Summary ▪ Constructive dismissal refers to a quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay. ▪ Constructive dismissal is a form of illegal dismissal. 1. Concept “Constructive dismissal” – refers to “[a] quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay.” (Philippine Japan Active Carbon Corporation v. Quiñanola, G.R. No. 83239, 08 March 1989) Otherwise stated, constructive dismissal occurs “when there is cessation of work because continued employment is rendered impossible, unreasonable, […]
- [Agabon Doctrine](https://laborlaw.ph/agabon-doctrine/): 1. Concept “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural due process will be upheld subject to the employer being liable for nominal damages. (See: Agabon v. NLRC, En Banc, G.R. No. 158693, 17 November 2004) Otherwise stated, so long as there is just cause or authorized cause that attended the dismissal of the employee, the dismissal or separation is valid even if procedural due process was not observed, subject to the employer being liable for nominal damages. a. The Agabon case (2004) The Agabon case […]
- [Cases: Installation of Labor-Saving Devices](https://laborlaw.ph/cases-installation-of-labor-saving-devices/): 1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in bottling lines 6 and 7. The main line operation known as lines 1, 2, 3, 4, and 5 ceased to operate. As a consequence, several functions of the employees were declared redundant. • On February 13, 1992, [the Company] sent to Office of Region VII, Department […]
- [Bona Fide Suspension of Operation or Undertaking](https://laborlaw.ph/bona-fide-suspension-of-operation-or-undertaking/): 1. Concept “Bona fide suspension of operation or undertaking” – refers to the temporary suspension or cessation of business operations or undertaking for a period not exceeding six (6) months. a. Legal basis 1) Labor Code ART. 301. [286] When Employment not Deemed Terminated. The bona fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he […]
- [Strained Relations Doctrine](https://laborlaw.ph/strained-relations-doctrine/): 1. Concept If employees win an illegal dismissal case, the default remedy is for them to be reinstated back to work. However, it is possible that the employees and/or the employers may ask the court that they part ways due to strained relations between them. If granted by the court, the employee is deemed separated from employment subject to payment of separation pay in addition to and on top of the full backwages and other damages in favor of the employee as a result of the finding on illegal dismissal. Under the law and prevailing jurisprudence, an illegally dismissed employee is […]
- [Collective Bargaining Agreement](https://laborlaw.ph/collective-bargaining-agreement/): A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent, who shall be the only one authorized to represent the employees for the purpose of collective bargaining. 1. Concepts “Collective bargaining agreement” – refers to the contract entered by the employer and the workers’ sole and exclusive bargaining agent on the wages, hours of work and all other terms and conditions of employment including proposals for adjusting any grievances or questions arising under such agreement and executing a contract incorporating such agreements if requested by either party. (See Article 263, P.D. 442, Labor Code) […]
- [Work assignments](https://laborlaw.ph/work-assignments/): Work assignments refer to the work-related tasks, duties, and responsibilities.
- [Working Methods](https://laborlaw.ph/working-methods/): Working methods refer to the processes, steps, or methodology to do a particular work.
- [Celis v. Bank of Makati (A Savings Bank), Inc. (2022)](https://laborlaw.ph/celis-v-bank-of-makati-a-savings-bank-inc-2022/): This is the case of a bank personnel who was dismissed for her failure to disclose her previous employment. 
- [Brent School v. Zamora (1990)](https://laborlaw.ph/brent-school-v-zamora-1990/): This is the case of a P.E. Director who was not renewed his 5-year employment contract with an international school.
- [Permanent Employees](https://laborlaw.ph/permanent-employees/): Permanent employees  refers to employees who have been given permanent appointment/employment.
- [Post-employment Restrictions](https://laborlaw.ph/post-employment-restrictions/): 1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential. a. Purpose of post-employment restrictions There are several purposes of post-employment restrictions, to wit: 1) To protect trade secrets; 2) To protect confidential and sensitive information; 3) To prevent former employees from using what they learned to directly compete with the previous employer; 4) To prevent former employees from disparaging the previous employer and its employees. 2. Test For a post-employment […]

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