Atty. Elvin

An employee must not be dismissed on the pretext of loss of trust for acts committed not in relation to his duty. To constitute a just cause for dismissal, the act complained of must be work-related and shows that the employee concerned is unfit to continue to work for the employer. Also, the act complained […]

Fraud exists only when, through insidious words or machinations, the other party is induced to act and without which, the latter would not have agreed to. Fraud is never presumed. It must be proved. It cannot be based on nebulous facts. Fraud and misrepresentation are, therefore, never presumed; it must be proved by clear and […]

In a valid abandonment, there is intent to quit the job, while in an Absence Without Leave (AWOL), there is no such desire. The latter is more of violation of internal procedure of the company on notices required in the event of employee’s absence. A worker who overextended his vacation leave cannot be said to […]

Absence Without Official Leave (AWOL) is a ground for disciplinary action. AWOL in itself is not a ground for dismissal. However, AWOL can lead to abandonment of work. This happens when the employee being directed to report for work after being on AWOL refuses to report for work. Thus, the employer usually escalates the violation […]

Abandonment is a ground for dismissal of employment under Article 297 of the Labor Code, as amended. The employee has the right to challenge the dismissal by filing a labor case. However, during the pendency of the case, the employee may have decided to seek employment. What will be the effect on the labor case […]

On the new daily minimum wage, the company should implement by: Increasing the daily wages of affected workers to make them at least on the minimum amount Correct if there is any wage distortion Wage distortion means the disappearance or virtual disappearance of pay differentials between lower and higher positions in an enterprise because of […]

As defined under established jurisprudence, abandonment is the deliberate and unjustified refusal of an employee to resume his employment. Abandonment is a form of neglect of duty; hence, a just cause for termination of employment under Article 297 of the Labor Code, as amended. Ordinarily, a common impression is that an employee who never reports […]

The contention that the phrase “poor performance” would mean the same as gross and habitual neglect by an employee of his duties is unavailing. The fact that an employee’s performance is found to be poor or unsatisfactory does not necessarily mean that the employee is grossly and habitually negligent of his duties. Gross negligence implies […]

Wage Order No. NCR-23 was issued providing for a Minimum Wage Increase in the National Capital Region (NCR). The Regional Tripartite Wages and Productivity Board-National Capital Region releases Wage Order No. NCR-23 following its mandate under Republic Act No. 6727, otherwise known as “The Wage Rationalization Act”. The wage order for NCR shall take effect […]

NCR’s last minimum wage adjustment was in 2018 under the Wage Order No. 22. This made the minimum wage at that time PhP537.00 So many events had transpired afterwards, especially in 2020 when the COVID-19 struck the country. This naturally put on hold any attempt to adjust such minimum wage considering the business losses of […]