labor

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 […]

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 […]

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 […]

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 […]