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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…
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…
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…
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….
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,…
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…
