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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,…
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…
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…
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…
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…
