labor law

A probationary employee may be terminated on any of three (3) grounds. These are failure to qualify, just cause, and authorized cause. As a background, a probationary employee is one who is placed on trial by an employer, during which the latter determines whether or not the former is qualified for permanent employment. [See Canadian […]

Dismissal of employment based on loss of trust and confidence is one of the just causes under Article 297 of the Labor Code, as amended. Loss of trust and confidence is a just cause for dismissal under Article 282(c) [now 297] of the Labor Code, which provides that an employer may terminate an employment for […]

Jurisprudence is settled that in determining the sanction imposable to an employee, the employer may consider and weigh her other past infractions or the so-called totality of infractions rule. Previous offenses may be used to aggravate a subsequent infraction to justify an employee’s dismissal only if they are related to the subsequent offense upon which […]

Notice to explain (NTE) is one of the written documents referred to in the two-notice rule by court decisions. In the case of Distribution & Control Products, Inc. vs. Santos, G.R. No. 212616, July 10, 2017 the Supreme Court (SC) held that the settled rule is that in termination proceedings of employees, procedural due process […]

AWOL or absence without official leave constitutes neglect of duty. It has disciplinary consequences on the part of the employee. However, it does not mean that if an employee is on AWOL status he is already terminated from service. AWOL usually constitutes violation of the company policies on vacation leave, sick leave, emergency leave, or […]

Procedural due process is one of the requirements in employee dismissal. This simply involves the two-notice rule and the twin requirements. The two-notice rule refers to the two notices required in employee dismissal. These are the first notice or Notice to Explain / NTE or Show Cause, etc., and the Notice of Dismissal, Notice of […]

As a general rule, the law does not require employers to pay employees that have resigned any separation pay, unless there is a contract that provides otherwise or there exists a company practice of giving separation pay to resignees. In the case of Italkarat 18, Inc. vs. Gerasmio, G.R. No. 221411, September 28, 2020, the […]

Dismissal of employee is one of the crucial decisions of an employer. The rules have been duly established. But the mentality required in handling the dismissal situation form the perspective of the employer should be clearly understood. Where the fact of employee’s dismissal from service is undisputed by the parties, the crux of the issue […]

Overtime work is performed beyond eight hours of work. This should be compensable at a rate provided by law. Overtime may be required by the employer under certain circumstances. Under Article 83 of the Labor Code work may be performed beyond eight (8) hours a day provided that the employee is paid for the overtime […]

Holiday pay should be paid accordingly, particularly the regular holiday. Proclamation No. 1236 issued on 29 October 2021, declared, among others, National Heroes Day as a regular holiday to be observed in the country falling on 29 August 2021 (Last Monday of August). See PDF Copy of Proclamation No. 1236 (Original File not mine). Hence, […]