Among the accepted criteria in implementing a redundancy are: (a) less preferred status, e.g., temporary employee; (b) efficiency; and (c) seniority The establishment and implementation of criteria are important feature of redundancy to give respect to the employee’s constitutionally enshrined security of tenure. In one case, the Supreme Court has refused to give credence to […]

The fact that the functions of a position were simply added to the duties of another does not affect the legitimacy of the employer’s right to abolish a position when done in the normal exercise of its prerogative to adopt sound business practices in the management of its affairs. In Wiltshire File Co., Inc. vs. […]

Redundancy is one of the authorized causes for the termination of employment provided for in Article 298 of the Labor Code, as amended: Article 298. Closure of Establishment and Reduction of Personnel. – The employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses […]

Pursuant to Section 32 of Republic Act No. 11058 or An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof, the Department of Labor and Employment (DOLE) issued implementing rules and regulations which is D.O. 198, Series of 2018. The State affirms labor as a primary social and economic […]

Redundancy generally transpires because of excess positions. It is worthy of note that what becomes redundant is the position and not the holder. Hence, if X is a cashier, she may be terminated not because she is redundant, but because her position as cashier is. An interesting follow-up inquiry is if that is the case, […]

Modern business world is a slave to new technology. It is a fact that most business processes cannot be done without the aid of robots and computer. As the number of non-human labor forces rises, the demand for human labor diminishes. In a case, the company brought in its plant high- speed machines to be […]

Although majority of dismissal cases fall within Article 97 of the Labor Code or just causes and authorized causes under Article 298 and 299, there are those that belong to uncommon grounds. Among these grounds are as follows: (See citations in Atty. Elvin’s Book Guide to Valid Dismissal of Employees Second Edition, p. 212) Any […]

An HR professional might wonder where all those offenses detailed in the company’s code of conduct would fall since they do not specifically belong to the enumeration in Article 297. This is where the catchall provision of “other causes analogous to the foregoing” comes into play. Such other causes must be analogous to any of […]

Promotion is an upward movement of an employee. This is usually done due to the display of good performance. Hence, it does not seem to be in accord with the decision of the management to charge an employee for loss of trust and confidence after he was being promoted. The promotion of an employee who […]

Holiday pay should be paid accordingly, particularly the regular holiday. At least insofar as the 100% of the benefit is concerned considering that it should be paid even if unworked. On 29 October 2021 a Proclamation No. 1236 was issued, declaring, among others, June 12, 2021 (Sunday) as a regular holiday nationwide. See PDF copy […]