employee

Transfer of employment is one of the management prerogatives of the employer. However, this must be validly done to avoid falling under constructive dismissal. The Supreme Court (SC) has held that there are various laws imposing all kinds of burdens and obligations upon the employer in relation to his employees, and yet as a rule […]

Project employment viz regular employment involves activities which may or may not be usually necessary or desirable in the usual business or trade of the employer, as we have discussed in ALU-TUCP vs. National Labor Relations Commission, [G.R. No. 109902, August 2, 1994, 234 SCRA 678, 684-686] and Leyte Geothermal Power Progressive Employees Union-ALU-TUCP vs. […]

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 […]

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 […]

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 […]

Another ground for dismissal under Article 297 is insubordination or willful disobedience of lawful orders of the employer or his representatives. A common situation involving this ground is when a superior gives an order to a subordinate but the latter refuses to comply. However, for insubordination to arise, the order given must be lawful. There […]

Sexual harassment is punishable both administratively and criminally. Imagine a situation where a boss solicits sexual favor from his subordinate in exchange for regularization or promotion. The situation screams of sexual harassment. Such employee may be dismissed for committing the act of sexual harassment. Sexual harassment is an imposition of misplaced “superiority” which is enough […]

As provided under Article 297, the misconduct referred to must be serious in nature. The Supreme Court defines misconduct as follows: “Misconduct is improper or wrong conduct. It is the transgression of some established and definite rule of action, a forbidden act, a dereliction of duty, willful in character, and implies wrongful intent and not […]

Proclamation No. 1236 issued on 29 October 2021 declared, among others, declared 1 May 2021 (Sunday) as regular holiday. View the PDF copies of Proclamation No. 1236 (original file not mine). The Department of Labor and Employment (DOLE) issued Labor Advisory (LA) No. 11, Series of 2022 governing the rules on payment for this holiday. […]

Just cause is a legal terminology used in Article 297 of the Labor Code which provides the grounds or reasons for dismissal arising from the conduct of an employee. It presupposes that the employee has committed an offense against the company, person of the employer or his representative. It also covers gross and habitual neglect […]