1. Management prerogative ABAPO v. CA, G.R. No. 114952, 29 January 1996 [Background] • Sometime in 1991, [the Company] conducted a viability study of its business operations and adopted a modernization program. Respondent then brought into the Mandaue plant high-speed machines to be used in the manufacture of its beer. These machines were installed in…
1. Concept Authorized cause procedure – refers to the steps or process of implementing due process in relation to separation from employment. 2. Procedure a. In General The following are the steps: Step 1: Issuance of 30-day advance notice to DOLE Step 2: Issuance of 30-day advance notice to employee Step 3: Payment of Separation…
1. Concept Disease – refers to “an illness that affects a person” or “a condition that prevents the body or mind from working normally”. (Merriam-Webster Online Dictionary) a. Legal basis 1) Labor Code Art. 284. Disease as ground for termination. – An employer may terminate the services of an employee who has been found to…
1. Concept (c) “Closure or Cessation of Business” refers to the complete or partial cessation of the operations and/or shut-down of the establishment of the employer. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Closure of a business or undertaking due to business losses is the reversal of fortune of the…
1. Concept [r] “Retrenchment” refers to the economic ground for dismissing employees and is resorted to primarily to avoid or minimize business losses. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4) Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees….
1. Concept (q) “Redundancy” refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) Redundancy exists when the service capability of the workforce is…
1. Concept (m) “Installation of Labor-saving Devices” refers to the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices. (DOLE DEPARTMENT ORDER NO. 147, SERIES OF 2015, Rule I-A, Section 4; henceforth, “DOLE DO-147”) The installation of labor-saving devices contemplates the installation of machinery to…
Summary ▪ Authorized causes are grounds for separating an employee through no fault of theirs. ▪ There are standards for each authorized cause set or prescribed by Jurisprudence or Supreme Court Decisions, as well as DOLE regulations. ▪ Separation pay is due to employees who have be separated due to authorized causes, except for closing…
Summary The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure. Applicable laws, regulations DOLE Labor Advisory No. 17-A, Series of 2020 (DOLE LA 17-A-20) Compliance Report The DOLE RKS Form 5, Series of 2020, otherwise known as the Establishment Termination Report, “shall…
Installation of labor-saving devices – refers to “the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices.” (Section 4 [m], Rule I-A, DOLE D.O. 147-15) DOLE D.O. 147-15 provides for the standards to be complied with for a valid separation of employment by the employee:…