Atty. Elvin

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 […]

The Department of Labor and Employment issued Labor Advisory 14, Series of 2022 on 8 June 2022 providing for the pay rules on regular holiday on account of the Independence Day on 12 June 2022. The issuance is pursuant to Proclamation No. 1236 issued on 29 October 2021. See the PDF copy of Proclamation No. […]

Security of tenure guarantees that an employee cannot be dismissed from employment, except for just or authorized cause. There are forms of employment where employees hold limited security of tenure. In the case of a managerial employee who is faced with investigation for willful breach of trust, he gives up the guarantee considering the rule […]

Breach of trust as a ground for disciplinary action cannot be presumed. It requires proof, being factual in nature. There must be some evidence to substantiate the claim and form a legal basis for loss of confidence. The employer cannot exercise arbitrarily and without just cause the right to dismiss an employee for loss of […]