Author Archives: Webmaster
From the Department of Labor and Employment
“The Handbook on Workers’ Statutory Monetary Benefits provides a comprehensive outline of minimum legal requirements and mandatory monetary and non-monetary benefits workers are entitled to receive under the Labor Code and other existing laws”. The 2014 version was recently released. Click on this link to view or download a PDF copy of the Q and A version of this handbook.
The Office of the President (Republic of the Philippines) has released the list of national holidays for 2014. Image source: official gazette website.
January 31, 2014, Friday – Chinese New Year (Special non-working day)
February 25, 2014, Tuesday – EDSA Revolution anniversary (Holiday for all schools)
April 9, 2014, Wednesday – Araw ng Kagitingan (Regular Holiday)
Loss of trust is a legal ground for terminating the services of an employee particularly for employees holding managerial positions. To establish loss of trust, proof beyond reasonable doubt is not required. An employer may take steps to dismiss a managerial employee for as long as there is some basis for the loss of confidence, such as when the employer has reasonable ground to believe that the employee concerned is responsible for the reported misconduct and his participation or involvement in the incident makes him unworthy of the trust of confidence demanded by his position. Thus, in one case, the discovery of a falsehood in the application form of a managerial employee where she claimed to be a CPA but in fact was not, is a ground constituting loss of trust.
IT is not everyday that a lawyer is beside HR personnel to advise them on legal matters. In most cases, the HR staff or practitioner must make timely decisions on their own. In many cases, the wrong procedure or poorly written notice to an employee becomes the basis of a labor case. Labor cases are won or lost depending primarily on how those who implement employee relations policies do their jobs. Without the basic knowledge on employment laws, this part of HR function can spell disaster for the company whether for wrongful suspension or termination.
This book contains sample forms and notices such as the notice to explain or show-cause memo, notice of hearing/conference and the final notice of dismissal for various offenses/violations and includes:
• termination of union officers for knowingly participating in an illegal strike;
• termination of members for knowingly participating in the commission of illegal acts in a strike;
• Collective Bargaining Agreement (CBA);
• Code of Conduct; and
• Employee Handbook.
Available in National Book Store and Fully Booked outlets. For orders outside Metro Manila, contact email@example.com for delivery.
SINGLE ENTRY APPROACH IN LABOR CASES
Guest post by: Atty. Elvin Villanueva, author of HR Forms and Notices
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.
Situation: An employee who was hired as project manager filed an emergency leave of absence and announced her intention to resign following her disappointment over the continued employment of another employee in the company. Because of the importance of her role in the company’s only project at the time, the employer sought her replacement so as not to disrupt business. The disgruntled employee, however, later changed her mind about leaving the company and decided to resume her work. The employer informed her that because they were constrained to hire a replacement when she threatened to leave, she would have to be placed on “floating status” in the meantime.
The traditional approach in human resource development tends to focus on employee skills and competencies in order to improve performance and productivity. Ordinarily, managers evaluate a worker’s skills and set out to improve his weaknesses hoping to turn them around. A new approach, though somewhat unpopular in large business organizations that hand out clear cut job descriptions, is to identify and develop a person’s strengths while managing weaknesses using positive psychology.
Positive psychology is based on the idea that a satisfied and fulfilled workforce promotes the best interests of any business organization. Its proponents believe that the key to business success lies in promoting peaceful and mutually satisfying relationships between the organization and its people.
Should an employee who reported late for work and ended up working past his regular working schedule be paid overtime?
This is the usual question I get from employers who feel that the employee should make up for being late by extending his hours of work on the same day.
Philippine labor law prohibits the offsetting of undertime by rendering overtime.
|NCR||P 426.00||P 389.00||P 389.00|
|CAR||255.00 – 272.00||238.00 – 254.00||238.00 – 254.00|
|I||228.00 – 248.00||228.00||200.00|
|II||237.00 – 245.00||225.00 – 233.00||225.00 – 233.00|
|III||279.00 – 330.00||264.00 – 300.00||244.00 – 284.00|
|IV-A||253.00 – 337.00||233.00 – 312.00||213.00 – 292.00|
|IV-B||252.00 – 264.00||210.00 – 219.00||190.00 – 199.00|
|V||204.00 – 247.00||215.00 – 225.00||195.00 – 205.00|