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Labor Law PH
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Forms & Templates
01.
Employment Contracts
Regular employment, probationary employment, project employment, etc.
03.
HR Forms
Incident Report, Office Memo, etc.
02.
Company Policies
Drug-Free Policies, Mental Health Policies, HIV-AIDS Policies, Hepatities B Policies, etc.
04.
Due Process
1st Written Notice (NTE), 2nd Written Notice (NOR/NOT), Minutes, etc.
Our Track Record of Mentoring & Coaching
Primer: Safe Spaces Act
Summary Gender-based sexual harassment in the workplace involve unwelcome sexual advances, requests or demand for sexual favors or any act
Primer: 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”).
Labor Law Updates
Check out our primers for new Labor Laws, DOLE Regulations, Labor Jurisprudence, and more.
Special Leave for Women
Summary ▪ The special leave for women is given to female employees who have undergone surgery due to gynecological disorder.
Non-resident alien employees
1. Summary ▪ Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP) prior to working in
Attorney’s Fees
Summary ▪ Attorney’s fees are awarded to employees in certain cases. ▪ Complainant-employee may be entitled to attorney’s fees despite
Featured Articles
Ban on direct-hiring for overseas employment 101
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions.
4-day workweek: How to implement
With the rising prices of gas and the still ongoing pandemic, there is clamor from many sectors for the adoption
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.
Validity of non-compete clauses
May employees be prohibited from joining direct competitors? Let’s discuss.
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
Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement
Labor Standards
Paternity leave
Summary ▪ Paternity leave benefits are given to married male employees whose legal wife underwent delivery or miscarriage. ▪ The
Night Shift Differential Pay
Night shift differential pay is an additional pay for work between 10:00 p.m. and 6:00 a.m. the following day. Summary
Labor Standards
Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases,
Due Process
Substantive Due Process
Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination
Extra-marital affair as termination ground?
Employers sometimes learn of extra-marital affairs or marriage infidelity of their employees. Is this a termination ground? Let’s discuss.
Willful disobedience
1. Summary ▪ To be valid, the just cause of willful disobedience of a lawful order should comply with prescribed
Pre- and Post-Employment
Hepatitis B test as pre-employment requirement
Labor cases – rules, procedures, practices in 2022
Drug test as pre-employment requirement
Non-Compete Clause
Confidentiality or NDA
Final pay
Labor Relations
Certification election
CBA terms
Procedure in collective bargaining
Duty to bargain
Bargaining unit
Legitimate labor organizations
Private Security
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
SSC/PSA Service Agreements (Private Security)
1. Concept Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security
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
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
DO-174 Contracting
Principal in Contracting
Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting
Labor-only Contracting
Summary ▪ Labor-only contracting is prohibited. ▪ It refers to an arrangement that violates the laws and regulations on contracting
Control in Contracting
Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the
Contractor or Subcontractor
Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job
Overseas Employment
Ban on direct-hiring for overseas employment 101
Summary ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment. ⦁ There are exceptions.
Management Prerogative
Discipline and dismissal of employees
1. Summary ▪ Disciplinary action is a management prerogative. ▪ Imposing penalties should be done in good faith. ▪ The
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
Policy on donating leave credits
Is it valid if an employer comes out with a policy allowing employees to donate the cash equivalent of their
Podcasts & YouTube videos
YouTube Channel
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Weekly content uploaded to our YouTube channel.
All Content
Burden of proof
Illegal Dismissal
Retrenchment or downsizing
Work romance policy | Labor Law Case
Validity of employment bond
CBA terms
At-will employment in PH?
Cases: Loss of Confidence
Solo Parent Leave
Mandatory Covid-19 vaccination for on-site employees
National Conciliation and Mediation Board
Time, Place, and Manner of Work
Employment terms and conditions (Private Security)
Labor organizations
Publication of separated employees
Just Causes
Reinstatement
DOLE Regional Director
SSC/PSA Service Agreements (Private Security)
Authorized cause procedure
Validity of non-compete clauses
Dishonesty, a termination ground?
January 2022 – Google Analytics for Labor Law PH
Serious misconduct
