labor law

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 […]

The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. An employee was held to be validly dismissed for the loss and unauthorized sale […]

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. […]

Retrenchment is the termination of employment effected by management during periods of business recession, industrial depression, seasonal fluctuations, lack of work or considerable reduction in the volume of the employer’s business. Resorted to by an employer to avoid or minimize business losses. It is a reduction in manpower, a measure utilized by an employer to […]

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 […]

Temporary displacement or temporary off-detail of security guard is, generally, allowed in a situation where a security agency’s client decided not to renew their service contract with the agency and no post is available for the relieved security guard. Such situation does not normally result in a constructive dismissal. Nonetheless, when the floating status lasts […]

Sample templates are provided, with discussion of the rules to guide employers, HR Managers, and business owners of the right procedure in terminating employees who committed dismissible offense against the company. “Dismissible offense” means violation of company rules where the penalty is dismissal from service. Under the law and rules, this requires observance of procedural […]

Procedural due process is also required for termination of employees with limited security of tenure. While security of tenure is not exclusive to regular employees, the other forms of employment are accorded limited scope. Project employees, generally, cannot be dismissed, prior to the completion of the project or a phase thereof. Fixed- term employee cannot […]

Due process under the Labor Code involves two aspects. These are the substantive and the procedural. Substantive due process refers to the ground for dis- missal. It is the justification, the reason or the “why” aspect. For example, under Article 297 of the Labor Code, as amended, an employee may be dismissed for theft, fraud […]

Marriage of employee cannot be prohibited by employer No-spouse policies may come in two types: The no-spouse employment policies and anti-nepotism employment policies. The first one bans only spouses from working in the same company while the second bans all immediate family members, including spouses, from working in the same company. There is no doubt […]