Disease

Disease

Summary ▪ Subject to procedural due process, the employer is authorized to separate an employee for any disease incurable within six (6) months as certified by a public health authority and wherein the employee’s continued employment is prohibited by law or prejudicial to his/her health, as well as of his co-employees. ▪ To be valid,…

Retrenchment or downsizing

Retrenchment or downsizing

Summary ⦁ Retrenchment is the reduction of work personnel usually due to poor financial returns, aimed to cut down costs for operation particularly on salaries and wages. ⦁ To be valid, the authorized cause of retrenchment or downsizing should comply with prescribed standards. ⦁ The law on retrenchment covers migrant workers. 1. Concept Retrenchment is…

Redundancy

Redundancy

Summary ⦁ Redundancy occurs when two or more employees are performing the same work and/or producing the same outputs. ⦁ To be valid, the authorized cause of redundancy should comply with prescribed standards. 1. Concept Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the…

Authorized Causes

Authorized Causes

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…

Establishment Termination Report

Establishment Termination Report

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…

Authorized cause procedure

Authorized cause procedure

DOLE D.O. 147-15 requires the following procedure be followed for authorized cause separation: 1) 30-day advance written notice to the employee; 2) 30-day advance written notice to DOLE Regional Office; and 3) Payment of separation pay, if applicable. In implementing authorized cause separation, many fail to observe the first two notices. Often, it is only…