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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…
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…
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…
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…
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…
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…
