1. POEA – Standard Employment Contract a. Mandatory 3-day medical examination with company-designated physician Malicdem v. Asia Bulk Transport Phils., Inc. G.R. No. 224753, 19 June 2019 [BACKGROUND] On June 1, 2011, [the employee] was hired by [the local agency] Asia Bulk Transport Phils, Inc. (ABTPI), in behalf of its foreign principal, SKM Korea Co.,…
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….
Summary ▪ Substantive due process is divided into just causes or authorized causes. ▪ Just causes are grounds for termination of employment. ▪ Authorized causes are grounds for separation from employment. ▪ If there is no substantive due process, i.e. no just cause or authorized cause, the employer may be held liable for illegal dismissal….
Summary ▪ Due process implements the constitutional provisions on security of tenure. ▪ It is about complying with the substantive due process and procedural due process. ▪ Termination of employment is different from separation from employment. ▪ Procedural due process is different for just cause and authorized cause. ▪ Non-compliance with due process may result…
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…
Summary ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law. ▪ Illegal dismissal may result in reinstatement, full backwages, moral damages, exemplary damages, nominal damages, and attorney’s fees. 1. Concept Illegal dismissal is the termination of employment or separation from employment without complying with due…
1. Summary ⦁ Just cause procedure refers to the steps or process of implementing due process in relation to termination of employment. ⦁ There are 3 steps in a just cause procedure. ⦁ If there is no just cause procedure, the dismissal is valid but the employer may be held liable for nominal damages. 2….
1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in the ancient and immortal words said in Greek Mythology: Strike, but hear me first! Before the employer may impose a penalty as a result of a disciplinary action, the employees should know what they are…
In the world of private sector employment, it does happen that a few employees underperform and/or commit violations. The employer is allowed by law to impose disciplinary actions against these erring employees to correct unlikable behavior. As a result, sanctions or penalties may be imposed ranging from verbal warning, written reprimand, suspension without pay, and…