labor

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 […]

Under paragraph (b) of Article 297, gross and habitual neglect of duties can be ground for dismissal of employees. As a general rule, this ground for termination requires the concurrence of “gross” and “habitual.” In short, for negligence to be a proper ground for termination, it must not only be gross but must be both […]

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 […]

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 […]

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 […]

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 […]