Q&A: Preventive Suspension and Immediate Resignation

From time to time, I receive inquiries regarding employment issues and other related concerns. I try to answer them within a reasonable time and will post some of them here to help out others who may have the same question. Here is one from L. What if the employee is under preventive suspension, and he wants […]
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New Tax Exemption Ceiling

On 12 February 2015, Philippine President Benigno S Aquino III signed into law Republic Act 10653. This amended the National Internal Revenue Code of the Philippines, effectively increasing the tax exemption allowance for other benefits (such as the 13th month pay, Christmas bonuses and other incentives) to a maximum of PhP82,000 (Eighty Two Thousand Pesos) […]
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Q&A: Service Incentive Leave

An employee (undsclosed firm/industry) sent an email yesterday asking about the number of Vacation Leave (VL) and Sick Leave (SL) credits someone  in a private firm is entitled to have or earn in a year. His previous employer allegedly gave him 20 days of VL and 10 days of SL per year, accrued monthly.  In […]
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Q&A: Night Shift Differential

I’ve been asked not a few times regarding Night Differential (aka Night Shift Differential or NSD) – its coverage and amount and/or percentage.  Some have sought clarification  because they understood, albeit in a different way, that any work done in the evening would be paid a corresponding fixed amount per hour of work until midnight.
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Q&A: Holidays with Pay

I have received on numerous occasions certain questions regarding the treatment of holidays in relation to absences of employees, overtime payments on such holidays (whether regular or special), and even holidays on rest days. A particular question comes to mind: Where is it stated in the Labor Code that if an employee is absent (without […]
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Paternity Leave Act of 1996

REPUBLIC ACT NO. 8187 AN ACT GRANTING PATERNITY LEAVE OF SEVEN (7) DAYS WITH FULL PAY TO ALL MARRIED MALE EMPLOYEES IN THE PRIVATE AND PUBLIC SECTORS FOR THE FIRST FOUR (4) DELIVERIES OF THE LEGITIMATE SPOUSE WITH WHOM HE IS COHABITING AND FOR OTHER PURPOSES. Be it enacted by the Senate and House of […]
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Eating while on Duty

Today, I’ll start posting work-related jurisprudence which employees (and employers as well) may find useful in the conduct of their work. This first topic is all about.. FOOD! Here’s a portion of a news article about a Supreme Court ruling on eating while on duty. At the end is the link to the full text […]
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Termination: Fraud or Willful Breach

REQUIREMENTS FOR LAWFUL DISMISSAL: A JUST CAUSE   There are two basic requirements for a lawful dismissal “a just cause or authorized cause as prescribed by law, and observance of due process.” The former comprises the substantive requirement, and the latter constitutes the procedural requirement for a valid dismissal.   The Philippine Labor Code, in […]
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Retirement Pay for Private Sector Employees

REPUBLIC ACT NO. 7641 AN ACT AMENDING ARTICLE 287 OF PRESIDENTIAL DECREE NO. 442, AS AMENDED, OTHERWISE KNOWN AS THE LABOR CODE OF THE PHILIPPINES, BY PROVIDING FOR RETIREMENT PAY TO QUALIFIED PRIVATE SECTOR EMPLOYEES IN THE ABSENCE OF ANY RETIREMENT PLAN IN THE ESTABLISHMENT   SECTION 1.    Article 287 of Presidential Decree No. 442, […]
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