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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…
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…
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] •…
“Ghosting Coasting” Employees
“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…
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…
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…
