here Labor Archives - A Better Consult
Labor Archives - A Better Consult

Labor

Demotion Philippines: What a good HR should know

Demotion Philippines: What a good HR should know   Demotion in the Philippines is when “… an employee is relegated to a subordinate or less important position constituting a reduction to a lower grade or rank, with a corresponding decrease in duties and responsibilities, and usually accompanied by a decrease in salary.” [GR 171764] Demotions …

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Transfer of Employee Philippines: A Legal Guide for HR Practitioners

Transfer of Employee Philippines: A Legal Guide for HR Practitioners The transfer of employees in the Philippines is recognized as a valid management right under Philippine law. However, the transfer of employees has also been extensively commented on in Supreme Court cases because transfers improperly done may prompt an employee to file a case for …

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Forced Resignation Philippines

What is a Forced Resignation in the Philippines?   A Forced Resignation is also called Constructive Dismissal and happens when an employee resigns because of a diminution or a hostile workplace. Legally, it is defined in case law as a resignation when “…continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in …

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Diminution Philippines: Basic Concepts to help Philippine HRs

Diminution Philippines: What is it?   Diminution in the Philippines refers to a reduction of rank, pay, status or benefits. It may happen in a Demotion or Transfer. Diminution is a frequently cited ground in Labor Cases such as Constructive Dismissal – and it is very important for an HR to understand what it is. This …

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Termination due to Serious Misconduct

Termination due to Serious Misconduct   Termination due to Serious Misconduct is when a person is dismissed from work due to a serious offense that impacts his work. For Termination due to Serious Misconduct to be valid, it must have the following: ·         it must be serious; ·         it must relate to the performance of …

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13th Month pay Philippines

13th Month Pay Philippines   13th Month Pay in the Philippines is 1/12 of the basic salary of an employee within a calendar year [DOLE 13th Month Pay Guidelines, Labor Advisory No 18, 2021]   This article discusses everything about 13th Month Pay: Who is eligible for 13th Month Pay in the Philippines How to …

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Constructive Dismissal in the Philippines

CONSTRUCTIVE DISMISSAL IN THE PHILIPPINES Constructive Dismissal in the Philippines is when an employee resigns due to an extremely difficult work environment. In this article, I’ll define: What is Constructive Dismissal in the Philippines? Illegal Dismissal vs Constructive Dismissal Constructive Dismissal and Diminution, Demotion, Discrimination and Transfers How do you prove Constructive Dismissal What is …

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How to file a case at DOLE

How to file a Case at DOLE The process of how to file a case at DOLE first starts at SenA and then may continue through to the Labor Arbitrar, NLRC Appeal and then the courts. If you are filing or defending against a case for Illegal Dismissal, Constructive Dismissal or some other labor case, …

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Paternity Leave Philippines: How Working Dads get Paid Leave

Paternity Leave Philippines: Full Guide to Paid Leave for Dads and intro for HR Practitioners What is the Philippine Paternity Leave Law? Philippine Paternity Leave Law is based on RA 8187 but dads can also avail of paid leave through the Solo Parent Act and RA 11210 or the Expanded Maternity Leave Act.   Each …

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