Category Archives: Labor Law

New Book and Ebook on Employee Transfer and Demotion (Philippines)

Now available! A Guide book on How to Demote Employees Legally in the Philippines. This book is now available at your favorite bookstores and online at ManilaBookSales.com as an ebook, perfect for your IPAD, tablet, Kindle and other handheld ebook reader. Contact inquiries@demotionsphilippines.com for electronic and hard copies.

Ebooks on Night Shift and Overtime Pay and Leave Benefits

Title:    All you need to know about… Employee Leave Benefits Leave Benefits Ebook

 Synopsis:     “Leave Benefits” refer to absences an employee is allowed to take for various reasons, authorized by law.  It is called a benefit because ordinarily, an employee who avails of a leave benefit is entitled to go on leave and still get paid while on a time off.  Otherwise, all other absences may not be paid by the employer under the “No Work, No Pay” policy of labor laws.

The new book on leave benefits by Atty. Elvin B. Villanueva is a compact yet complete guide on Leave Benefits and is available in ebook form, which makes it even easier to read. 

With an ebook, you save time when looking for what you need and get the exact legal provisions because everything that you need to know has been sifted, lifted and packaged in this electronic pocket guide. This book is also ideal for people on the go. 

 Author Atty. Elvin Villanueva discusses the topic complete with the latest laws and rules and cites actual cases decided by the Supreme Court,  in a language easily understood by the ordinary reader.   

Ebook Topics:  

  • Service Incentive Leave,
  • Maternity,
  • Paternal,
  • Gynecological leave,
  • VAWC leave and other employee leave benefits required by law. 

 Price:  Php397.00 per eBook, ordered and  delivered online. Click here to order your copy.

Author:  Atty. Elvin Villanueva, LVS Publishing

Also available, Ebook on Night Shift and Overtime Pay. Click here to order your copy.

Additional Mediation Proceedings in Labor Cases

SINGLE ENTRY APPROACH IN LABOR CASES

Guest post by:  Atty. Elvin Villanueva, author of HR Forms and Notices  

Atty. Elvin Villanueva

Atty. Elvin Villanueva

Previously, when the worker files a labor case he goes to the complaint division to fill out a complaint form. Then it will be encoded by the NLRC staff and will be raffled off electronically to the Labor Arbiter (LA). The LA will then call the parties to a mandatory conference. If the parties fail to settle, they will be required to file their respective position paper. 

Under Department Order No. 107-10, Series of 2010, the DOLE provides another step to this process through the Single Entry Approach (SEA) which means labor disputes arising from employer-employee relationship, subject to certain exceptions should now undergo 30-day mandatory conciliation-mediation. This is on top of the mandatory conference conducted by the Labor Arbiter.

 Either party though may pre-terminate this mediation and secure a referral to the appropriate DOLE office, including the NLRC. With this, companies (respondents) have more time to settle the matter.

Can a Company Retire Employees Below Legal Age Limit?

As a rule, the compulsory age of retirement is 65 while optional retirement starts at 60.  Employers, however, are allowed to enter into agreements for early retirement below these age limits but they must be able to show, if questioned later, that their retirement plans or agreements were voluntarily accepted by the employees.

Without proof of voluntary consent, a retirement made on the basis of this early retirement plan may be considered invalid as a “deprivation of property without due process of law.”

This was the Supreme Court’s decision in a case where a company retired its former clerk-typist at the age of 47 on the basis of a non-contributory retirement plan which gave the company the option to retire employees who have rendered at least 20 years of service.

After finding that the retirement plan was not embodied in a CBA or in any employment contract or agreement freely consented by the employee, the Supreme Court ruled that  the early retirement was invalid and constituted illegal dismissal.  (Cercado vs. UNIPROM, Inc. GR No. 188154, Oct. 13, 2010)

About 13th Month Pay

When the last quarter or ‘-ber’ months of the year come in, thoughts of 13th month pay enter the minds of both employers and employees.  This mandatory payment under a specific law (PD851) generally covers all rank and file employees who have worked for at least one (1) month during the calendar year.

Read more about it here.

Neglect of Duty as Ground for Termination

The Labor Code allows an employer to terminate an employee for gross and habitual neglect of duties.  But for neglect of duty to be a valid ground for dismissal, the act complained of must be both GROSS and HABITUAL.

‘Gross negligence’ refers to the lack of care in the performance of an employee’s duties while ‘habitual neglect’ implies a repeated failure to perform one’s duties for a period of time, depending on the circumstances.

A single or isolated act of negligence does not constitute a just cause for the dismissal of the employee.

The Supreme Court maintained this view in a case where the security personnel of a hospital failed to rotate the security cameras at various portions of the hospital when a theft occurred.  The centralized videos failed to capture any footage of the incident because of this security lapse.  The employee in charge of monitoring the hospital videos was terminated but eventually ordered reinstated after filing suit against the employer.  (St. Luke’s Medical Center vs. Estrelito Notario, GR No. 152166, October 20, 2010)