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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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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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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Termination of Employment

THE LABOR CODE OF THE PHILIPPINES PRESIDENTIAL DECREE NO. 442, AS AMENDED. ART. 282. Termination by employer. – An employer may terminate an employment for any of the following causes: (a) Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; (b) Gross […]
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