# Labor Law PH

> Ultimate Resource for Philippine Labor and Employment Law


## Posts

- [Analogous Causes](https://laborlaw.ph/analogous-causes/): Analogous cause refers to those similar to the enumerated just causes.
- [Cases: Commission of a Crime](https://laborlaw.ph/cases-commission-of-a-crime/): Commission of a crime does not do away with due process.
- [Commission of a Crime](https://laborlaw.ph/commission-of-a-crime/): “Commission of a crime or offense by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives” – refers to the commission of a crime or offense against the person of the employer, his/her immediate family member, or his/her duly authorized representatives.
- [Cases: Loss of Trust and Confidence](https://laborlaw.ph/cases-loss-of-trust-and-confidence/): In Cruz v. Citytrust Banking Corporation, the confidential employee – a Micro Technical Support Officer – was dismissed after receiving unauthorized commissions and rebates by a supplier for purchases made by his employer.
- [Cases: Fraud](https://laborlaw.ph/cases-fraud/): The employer may validly dismiss for loss of trust and confidence an employee who commits an act of fraud prejudicial to the interest of the employer.
- [Fraud](https://laborlaw.ph/fraud/): Fraud is deceit.
- [Cases: Gross and Habitual Neglect](https://laborlaw.ph/cases-gross-and-habitual-neglect/): The employee’s absenteeism and tardiness has serious adverse effects on the business of the employer.
- [Cases: Willful Disobedience](https://laborlaw.ph/cases-willful-disobedience/): Transfer of employees is a management prerogative.
- [Cases: Serious Misconduct](https://laborlaw.ph/cases-serious-misconduct/): Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement.
- [Just Cause Procedure](https://laborlaw.ph/just-cause-procedure/): ⦁ Just cause procedure refers to the steps or process of implementing due process in relation to termination of employment.
- [Substantial Evidence Rule](https://laborlaw.ph/substantial-evidence-rule/): Whether for just or authorized cause – including DOLE’s other cause, the employer should note and comply with the substantial evidence rule required by Labor Law.
- [Other Causes by DOLE](https://laborlaw.ph/other-causes-by-dole/): “Section 6. Other Causes of Termination.
- [Installation of Labor-Saving Devices](https://laborlaw.ph/installation-of-labor-saving-devices/): Installation of labor-saving devices – refers to “the reduction of the number of workers in any workplace made necessary by the introduction of laborsaving machinery or devices.” (Section 4 [m], Rule I-A, DOLE D.O.
- [Due Process](https://laborlaw.ph/due-process/): Due process is essentially the opportunity to be heard.
- [Disciplinary Action](https://laborlaw.ph/disciplinary-action/): In the world of private sector employment, it does happen that a few employees underperform and/or commit violations.
- [Cases: Management Prerogative](https://laborlaw.ph/cases-management-prerogative/): Labor jurisprudence on management prerogative
- [Social Justice in Labor Law](https://laborlaw.ph/social-justice-in-labor-law/): Labor law is founded on social justice.
- [Security of Tenure](https://laborlaw.ph/security-of-tenure/): The 1987 Constitution of the Philippines guarantees the right to security of tenure in favor of employees.
- [At-Will Employment](https://laborlaw.ph/at-will-employment/): At-will employment is neither recognized nor permitted under Philippine Labor Law.
- [Guide: IRR of Safe Spaces Act](https://laborlaw.ph/guide-irr-of-safe-spaces-act/): ▪ The Department of Labor and Employment (DOLE) has issued Department Order No. 130, Series of 2021 (“DO 230-21”).
- [Abandonment of Work or Absence without Leave](https://laborlaw.ph/abandonment-of-work-or-absence-without-leave/): Abandonment of work has been construed as “a clear and deliberate intent to discontinue one's employment without any intention of returning back.” (Demex Rattancraft, Inc.
- [Critical Workdays after Holidays](https://laborlaw.ph/critical-workdays-after-holidays/): ▪ Non-payment of holiday pay for being absent on a declared critical workday is contrary to labor law.
- [Multiple Employment](https://laborlaw.ph/multiple-employment/): Due to the pandemic, many are forced to look for other sources of income. These usually come in the form of having another job.
- ["Ghosting Coasting" Employees](https://laborlaw.ph/ghosting-coasting-employees-why-you-have-to-due-process-immediately/): "Ghosting coasting" refers to new-hires who stick around for the first few pay then disappears afterwards no longer reporting for work.
- [Email as Employment Contract](https://laborlaw.ph/email-as-employment-contract/): Employment contracts are consensual in nature.
- [Split Work Shifts](https://laborlaw.ph/split-work-shifts/): With the ongoing pandemic, many establishments have resorted to irregular operating hours which in turn created split work shifts for certain employees.
- [Retrenchment or Downsizing](https://laborlaw.ph/retrenchment-or-downsizing-authorized-cause/): Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees.
- [Redundancy](https://laborlaw.ph/redundancy-authorized-cause/): Redundancy exists when the service capability of the workforce is in excess of what is reasonably needed to meet the demands of the business enterprise.
- [Installation of Labor-saving Devices](https://laborlaw.ph/installation-of-labor-saving-devices-authorized-cause/): The installation of labor-saving devices contemplates the installation of machinery to effect economy and efficiency in its method of production.
- [Authorized Causes](https://laborlaw.ph/authorized-causes-due-process/): ▪ Authorized causes are grounds for separating an employee through no fault of theirs.
- [Serious Misconduct](https://laborlaw.ph/serious-misconduct-just-cause/): Serious misconduct must be grave and aggravated in character.
- [Willful Disobedience](https://laborlaw.ph/willful-disobedience-just-cause/): Willful disobedience refers to insubordination.
- [Gross and Habitual Neglect of Duty](https://laborlaw.ph/gross-and-habitual-neglect-of-duty-just-cause/): Gross and habitual neglect of duty go together.
- [Fraud or Willful Breach of Trust](https://laborlaw.ph/fraud-or-willful-breach-of-trust-just-cause/): Fraud is deceit.
- [Loss of Trust and Confidence](https://laborlaw.ph/loss-of-trust-and-confidence-just-cause/): ⦁ To be valid, the just cause of loss of trust and confidence should comply with prescribed standards.
- [Just Causes](https://laborlaw.ph/just-causes-due-process/): ⦁ Just causes are grounds for termination of employment due to employee violations.
- [Procedural Due Process](https://laborlaw.ph/procedural-due-process/): ▪ Procedural due process is divided into just cause procedure or authorized cause procedure.
- [Substantive Due Process](https://laborlaw.ph/substantive-due-process/): ▪ Substantive due process is divided into just causes or authorized causes.
- [Due Process in Labor Law](https://laborlaw.ph/due-process-in-labor-law/): ▪ Due process implements the constitutional provisions on security of tenure.
- [Certification Election](https://laborlaw.ph/certification-election/): The workers in a bargaining unit have the right to choose their sole and exclusive bargaining agent through the process of certification election.
- [Duty to Bargain](https://laborlaw.ph/duty-to-bargain/): The duty to bargain in good faith is mandated on both the employer and the employee’s sole and exclusive bargaining agent, whether or not there exists a collective bargaining agreement.
- [Bargaining Unit](https://laborlaw.ph/bargaining-unit/): A bargaining unit is a group of employees sought to be represented by a petitioning union. There are several factors to determine the bargaining unit.
- [Legitimate Labor Organizations](https://laborlaw.ph/legitimate-labor-organizations/): Legitimate labor organizations refer to labor organizations that registered with the Department of Labor and Employment (DOLE).
- [Labor Organizations](https://laborlaw.ph/labor-organizations/): “Labor Organization” – refers to any union or association of employees in the private sector which exists in whole or in part for the purpose of collective bargaining, mutual aid, interest, cooperation, protection, or other lawful purposes.
- [Unfair Labor Practices](https://laborlaw.ph/unfair-labor-practices/): Unfair labor practices are those which interfere with the employee’s right to self-organization and which may be committed either by the employer or a labor organization.
- [Right to Self-Organization](https://laborlaw.ph/right-to-self-organization/): The right to self-organization includes the right to form, join or assist labor organizations for the purpose of collective bargaining through representatives of their own choosing and to engage in lawful concerted activities for the same purpose for their mutual aid and protection.
- [Guide OSH Law (2018)](https://laborlaw.ph/guide-osh-law-2018/): ▪ Republic Act No. 11058, a.k.a. OSH Law, was passed in 2018.
- [Retirement Pay](https://laborlaw.ph/retirement-pay/): Retirement pay is an additional pay provided to a covered employee who is retiring.
- [Service Charges](https://laborlaw.ph/service-charges/): Service charge is an additional pay given to covered employees by establishments that collect service charges for services rendered.
- [Separation Pay](https://laborlaw.ph/separation-pay/): Separation pay is an additional pay provided to a covered employees who have been separated from employment through no fault of their own.
- [VAWC Leave](https://laborlaw.ph/vawc-leave/): VAWC leave benefits are leave credits extended to covered female employees who have been the victim of violence under R.A. 9262, and who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
- [Special Leave for Women](https://laborlaw.ph/special-leave-for-women/): The special leave for women is given to covered female employees who have undergone surgery due to gynecological disorder.
- [Solo Parent Leave](https://laborlaw.ph/solo-parent-leave/): Solo parent leave benefits are leave credits extended to covered employees who are solo parents, and who may want to use them whenever they take a leave from work to perform parental duties, so that they remain paid during such absence from work.
- [Paternity Leave](https://laborlaw.ph/paternity-leave/): Paternity leave benefits are given to married male employees whose legal wife underwent delivery or miscarriage.
- [Maternity Leave](https://laborlaw.ph/maternity-leave/): Maternity leave benefits are leave credits extended to covered female employees who may want to use them during their pregnancy and even after their delivery, so that they remain paid during such absence from work.
- [Service Incentive Leave](https://laborlaw.ph/service-incentive-leave/): Service incentive leaves are leave credits extended to covered employees who may want to use them whenever they take a leave from work, so that they remain paid during such absence from work.
- [Premium Pay](https://laborlaw.ph/premium-pay/): Premium pay is an additional pay provided to a covered employee who renders work during non-work days, such as a rest day or a special non-working day.
- [Overtime Pay](https://laborlaw.ph/overtime-pay/): Overtime pay is an additional pay provided to a covered employee who has rendered overtime work.
- [Night Shift Differential Pay](https://laborlaw.ph/night-shift-differential-pay/): Night shift differential pay is an additional pay for work between 6:00 p.m. and 6:00 a.m. the following day for those in the Government Service, and between 10:00 p.m. and 6:00 a.m. the following day for those in the private sector.
- [Holiday Pay](https://laborlaw.ph/holiday-pay/): Holiday pay is a an additional pay provided to a covered employee during regular holidays.
- [13th Month Pay](https://laborlaw.ph/13th-month-pay/): 13th month pay is provided to covered rank-and-file employees who have rendered at least one (1) month of service.
- [Daily-paid v. Monthly-paid](https://laborlaw.ph/daily-paid-v-monthly-paid/): ▪ The general rule of no work, no pay, applies to both daily-paid and monthly paid-employees, with only one exception during regular holidays when both are paid despite no work.
- [Minimum Wage](https://laborlaw.ph/minimum-wage/): ▪ The law prescribes a minimum wage required to be observed by the employers.
- [Guide: Safe Spaces Act](https://laborlaw.ph/guide-safe-spaces-act/): Gender-based sexual harassment in the workplace involve unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature.
- [Sexual Harassment](https://laborlaw.ph/sexual-harassment/): • Sexual harassment may be committed in a work-related/employment environment or in an education/training environment.
- [Telecommuting](https://laborlaw.ph/telecommuting/): As used in R.A. 11165, the term “telecommuting” refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies.
- [Broken-Time](https://laborlaw.ph/broken-time/): ▪ Broken-time schedule refers to one where the work schedule is not continuous but the work-hours within the day or week remain.
- [Compressed Workweek](https://laborlaw.ph/compressed-workweek/): ▪ Compressed workweek refers to one where the normal workweek is reduced to less than six (6) days but the total number of work hours of 48 hours per week shall remain.
- [Gliding or Flex-Time Schedule](https://laborlaw.ph/gliding-or-flex-time-schedule/): ▪ Gliding or flexi-time schedule refers to one where the employees are required to complete the core workhours in the establishment but are free to determine their arrival and departure time.
- [Flexi-Holidays](https://laborlaw.ph/flexi-holidays/): ▪ Flexi-holidays schedule refers to one where the employees agree to avail the holidays at some other days provided there is no diminution of existing benefits as a result of such arrangement.
- [Rotation of Workdays](https://laborlaw.ph/rotation-of-workdays/): ▪ Rotation of Workdays refers to one where the normal workdays per week are reduced but should not last for more than six months.
- [Rotation of Workers](https://laborlaw.ph/rotation-of-workers/): ▪ Rotation of Workers refers to one where the employees are rotated or alternately provided work within the workweek.
- [Forced Leave](https://laborlaw.ph/forced-leave/): ▪ Forced Leave refers to one where the employees are required to leave to go on leave for several days or weeks utilizing their leave credits if there are any.
- [Flexible Work Arrangements](https://laborlaw.ph/flexible-work-arrangements/): NB: Similar definition is provided for under DOLE DEPARTMENT ADVISORY NO.
- [Fixed-Term Employment Contract](https://laborlaw.ph/fixed-term-employment-contract/): ⦁ A fixed-term employment contract is an employment arrangement between an employer and a fixed-term employee wherein the latter will perform work for a term or a certain period of time.
- [Seasonal Employment Contract](https://laborlaw.ph/seasonal-employment-contract/): ⦁ The employer must be justified in hiring additional help via seasonal employees.
- [Project Employment Contract](https://laborlaw.ph/project-employment-contract/): ⦁ A project employment contract is an employment arrangement between an employer and a project employee wherein the latter’s employment has been fixed for a specific project or undertaking.
- [Casual Employment Contract](https://laborlaw.ph/casual-employment-contract/): ⦁ A casual employment contract is an employment arrangement between an employer and a casual employee wherein the latter performs work that is incidental to the business.
- [Probationary Employment Contract](https://laborlaw.ph/probationary-employment-contract/): ⦁ A probationary employment contract is an employment arrangement between an employer and a probationary employee wherein the latter will be required to undergo a probationary period to determine their fitness to qualify for regular employment.
- [Regular Employment Contract](https://laborlaw.ph/regular-employment-contract/): ▪ A regular employment contract is an employment arrangement between an employer and a regular employee wherein the latter has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
- [Principles of Employment Contracts](https://laborlaw.ph/principles-of-employment-contracts/): • Employment is generally a consensual contract which means it can be created by mere consent.
- [Non-resident Alien Employees](https://laborlaw.ph/non-resident-alien-employees/): ▪ Foreigners or non-resident aliens are required to obtain an alien employment permit (AEP) prior to working in the Philippines.
- [Guide: Batas Kasambahay or Domestic Workers Act](https://laborlaw.ph/guide-batas-kasambahay-or-domestic-workers-act/): “Domestic worker” or “Kasambahay” refers to any person engaged in domestic work within an employment relationship, whether on a live-in or live-out arrangement, such as, but not limited to, general househelp, “yaya”, cook, gardener, or laundry person, but shall exclude family drivers, children who are under foster family arrangement, or any person who performs domestic work only occasionally or sporadically and not on an occupational basis.
- [Workers Paid by Results: Piece-rate, Pakyao, Takay, Task basis](https://laborlaw.ph/workers-paid-by-results/): Workers paid by results – refer to ‘those whose pay is calculated in terms of the quantity or quality of their work output which includes “pakyaw” work and other non-time work.’ (David v.
- [Field Personnel](https://laborlaw.ph/field-personnel/): ‘As a general rule, [field personnel] are those whose performance of their job/service is not supervised by the employer or his representative, the workplace being away from the principal office and whose hours and days of work cannot be determined with reasonable certainty; hence, they are paid specific amount for rendering specific service or performing specific work.
- [Rank-and-File Employees](https://laborlaw.ph/rank-and-file-employees/): ▪ Rank-and-file employees are those who are not managerial employees nor supervisory employees.
- [Supervisory Employees](https://laborlaw.ph/supervisory-employees/): ▪ Supervisory employees are those who, in the interest of the employer, effectively recommend such managerial actions if the exercise of such authority is not merely routinary or clerical in nature but requires the use of independent judgment.
- [Managerial Staff](https://laborlaw.ph/managerial-staff/): ▪ Officers or members of a managerial staff’s primary duty consists of the performance of work directly related to management policies of their employer.
- [Managerial Employees](https://laborlaw.ph/managerial-employees/): ▪ Managerial employees have various definitions under the Labor Code.
- [Government Employees](https://laborlaw.ph/government-employees/): The terms and conditions of employment of all government employees, including employees of government-owned and controlled corporations, shall be governed by the Civil Service Law, rules and regulations.
- [Retraction Letter](https://laborlaw.ph/retraction-letter/): ▪ A retraction letter is a formal written notice from the employer informing a job candidate of the withdrawal of the employment offer.
- [Telecommuting Report](https://laborlaw.ph/telecommuting-report/): Employers adopting a telecommuting work arrangement is required to submit a report to DOLE.
- [Schemes Adopted during Period of Economic Difficulties Report](https://laborlaw.ph/schemes-adopted-during-period-of-economic-difficulties-report/): Employers adopting flexible work arrangements, including schemes adopted during period of economic difficulties, are required to submit a report to DOLE.
- [Establishment Termination Report](https://laborlaw.ph/establishment-termination-report/): The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure.
- [DO-174 Semi-Annual Reports](https://laborlaw.ph/do-174-semi-annual-reports/): DO-174 contractors are required to submit twice a year a report to DOLE.
- [Compressed Workweek Report](https://laborlaw.ph/compressed-workweek-report/): The employer shall notify DOLE of the adoption of any of the above flexible work arrangements.
- [13th Month Pay Report](https://laborlaw.ph/13th-month-pay-report/): Every covered employer is required to make a report of the establishment’s compliance with the 13th Month Pay Law to the nearest Regional Office not later than January 15 of each year.
- [No Work, No Pay](https://laborlaw.ph/no-work-no-pay/): ▪ The principle of no-work, no pay is the basic factor in determining employee wages.
- [Mandatory Workplace Policies and Programs](https://laborlaw.ph/mandatory-workplace-policies-and-programs/): ▪ Mandatory workplace policies and programs refers to policies and programs legally required by law or regulation to be developed and implemented in the workplace.
- [Promotion of an Employee](https://laborlaw.ph/promotion-of-an-employee/): ▪ Promotion is the advancement of a position with an increase in duties and responsibilities.
- [Lay-off and Recall of Employees](https://laborlaw.ph/lay-off-and-recall-of-employees/): Lay-off and recall of employees are included in the employer’s management prerogative.
- [Discipline and Dismissal of Employees](https://laborlaw.ph/discipline-and-dismissal-of-employees/): Disciplinary action is a management prerogative. Imposing penalties should be done in good faith. The penalty must be commensurate to the offense.
- [Transfer of Employees](https://laborlaw.ph/transfer-of-employees/): ⦁ Transferring of employees is a management prerogative.
- [Work Supervision](https://laborlaw.ph/work-supervision/): ⦁ Work supervision is a management prerogative.
- [Time, Place, and Manner of Work](https://laborlaw.ph/time-place-and-manner-of-work/): ▪ Time, place, and manner of work is a management prerogative.
- [Selection and Hiring of Employees](https://laborlaw.ph/selection-and-hiring-of-employees/): Selection and hiring of employees are included in management prerogative.
- [Management Prerogative](https://laborlaw.ph/management-prerogative/): Management prerogative is the inherent right of the employer to regulate all aspects of employment.
- [Four-day Workweek](https://laborlaw.ph/four-day-workweek/): With the rising prices of gas and the still ongoing pandemic, there is clamor from many sectors for the adoption of a 4-day workweek – to which even the DOLE has reiterated the rule that such is a management prerogative.
- [No Extension of Probationary Employment](https://laborlaw.ph/no-extension-of-probationary-employment/): Is it okay to extend probationary employment even if there is a limit under the Labor Code? Let's discuss.
- [Publication of Separated Employees](https://laborlaw.ph/publication-of-separated-employees/)
- [OSHS Compliance](https://laborlaw.ph/oshs-compliance/): What is Occupational Safety and Health Standards (OSHS) Compliance? Let's discuss.
- [Cases: Resignation](https://laborlaw.ph/cases-resignation/): Philippine National Construction Corporation v.
- [Regularization by the DOLE](https://laborlaw.ph/regularization-by-the-dole/): What is DOLE regularization and why it matters? Let's discuss.
- [Radiobroadcaster challenges quitclaim after receiving payment](https://laborlaw.ph/radiobroadcaster-challenges-quitclaim-after-receiving-payment/): The employee was a radio broadcaster and production manager hired by the employer, a radio broadcasting company, for its radio station.
- [Lawyer's transfer attended with bad faith](https://laborlaw.ph/lawyers-transfer-attended-with-bad-faith/): The employee – a Lawyer hired as an Assistant Vice-President and Head of the Pensions Department – filed a case for constructive dismissal after experiencing varying degrees of difficulties and discrimination in the company.
- [College dean loses benefits and privileges after transfer](https://laborlaw.ph/college-dean-loses-benefits-and-privileges-after-transfer/): The employee – a College Dean – initiated a constructive dismissal case after she refused to be transferred from her position as Dean of the College of Physical Therapy (which was closed due to low enrollment) to having a teaching load in the College of Nursing.
- [Sales clerks dismissed then made to sign quitclaims](https://laborlaw.ph/sales-clerks-dismissed-then-made-to-sign-quitclaims/): Gloria and Joy were hired respectively as sales clerk and header by the employer, a shop.
- [Seafarers question quitclaims after receiving payment](https://laborlaw.ph/seafarers-question-quitclaims-after-receiving-payment/): The employees were hired as seafarers/fishermen by the employers, a group of foreign fishing companies operating at the coastal and offshore area of Cape Verde Islands.
- [Security guard signs a pro-forma resignation letter with quitclaim](https://laborlaw.ph/security-guard-signs-a-pro-forma-resignation-letter-with-quitclaim/): The employee was hired as a security guard by the employer, a security service provider.
- [Medical representative tricked into resigning and signing a quitclaim](https://laborlaw.ph/medical-representative-tricked-into-resigning-and-signing-a-quitclaim/): The employee was hired as a medical representative and then became a product manager of the employer, a pharmaceutical company.
- [Digest: Inocente v. St. Vincent Foundation for Children and Aging, Inc. (2016)](https://laborlaw.ph/digest-inocente-v-st-vincent-foundation-for-children-and-aging-inc-2016/): Inocente v. St. Vincent Foundation for Children and Aging, Inc.
- [Quitclaims, Waivers, and Releases](https://laborlaw.ph/quitclaims-waivers-and-releases/): Quitclaims, waivers, releases (collectively referred herein as “quitclaims”) are legal documents signed by employees who absolve their employees from any and all liability
- [Consequences of Illegal Dismissal](https://laborlaw.ph/consequences-of-illegal-dismissal/): Of all the possible labor complaints, illegal dismissal carries the heaviest penalty and the most potential for liability as shown above.
- [Explainer: Illegal dismissal](https://laborlaw.ph/explainer-illegal-dismissal/): ▪ Illegal dismissal is the termination of employment or separation from employment without complying with due process of law.
- [DOLE Inspection Report](https://laborlaw.ph/dole-inspection-report/): A DOLE Inspection Report is a notice of results issued by a DOLE inspector after conducting an inspection or audit over an establishment. The report is commonly known as “DOLE Findings.”
- [Cases: Analogous Causes](https://laborlaw.ph/cases-analogous-causes/): The failure to meet and observe a continuing qualification may be an analogous cause that could justify the dismissal of an employee.
- [Cases: Installation of Labor-Saving Devices](https://laborlaw.ph/cases-installation-of-labor-saving-devices/): ABAPO v. CA, G.R. No.
- [Bona Fide Suspension of Operation or Undertaking](https://laborlaw.ph/bona-fide-suspension-of-operation-or-undertaking/): “Bona fide suspension of operation or undertaking” – refers to the temporary suspension or cessation of business operations or undertaking for a period not exceeding six (6) months.
- [Strained Relations Doctrine](https://laborlaw.ph/strained-relations-doctrine/): If employees win an illegal dismissal case, the default remedy is for them to be reinstated back to work.
- [Collective Bargaining Agreement](https://laborlaw.ph/collective-bargaining-agreement/): A CBA is a contract entered by the employer and the workers’ sole and exclusive bargaining agent, who shall be the only one authorized to represent the employees for the purpose of collective bargaining.
- [Work assignments](https://laborlaw.ph/work-assignments/): Work assignments refer to the work-related tasks, duties, and responsibilities.
- [Working Methods](https://laborlaw.ph/working-methods/): Working methods refer to the processes, steps, or methodology to do a particular work.
- [Celis v. Bank of Makati (A Savings Bank), Inc. (2022)](https://laborlaw.ph/celis-v-bank-of-makati-a-savings-bank-inc-2022/): This is the case of a bank personnel who was dismissed for her failure to disclose her previous employment.
- [Brent School v. Zamora (1990)](https://laborlaw.ph/brent-school-v-zamora-1990/): This is the case of a P.E. Director who was not renewed his 5-year employment contract with an international school.
- [Permanent Employees](https://laborlaw.ph/permanent-employees/): Permanent employees refers to employees who have been given permanent appointment/employment.
- [Post-employment Restrictions](https://laborlaw.ph/post-employment-restrictions/): “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential.
- [Bonus or Special Incentives](https://laborlaw.ph/bonus-or-special-incentives/): A bonus is a gratuity or act of liberality of the giver which the recipient has no right to demand as a matter of right.
- [Productivity Standards](https://laborlaw.ph/productivity-standards/): An employer is entitled to impose productivity standards for its employees, and the latter's non-compliance therewith can lead to his termination from work.
- [Employment Bond](https://laborlaw.ph/employment-bond/): “Employment bond” – refers to a contractual stipulation requiring an employee to stay employed with the employer for a certain length of time, and it often comes with a penalty if the employment duration is not complied with.
- [Employer-employee Relationship Tests](https://laborlaw.ph/employer-employee-relationship-tests/): The tests on employer-employee relationship are designed to address the issue on whether there is an employer-employee relationship between a complainant alleging that he/she is an employee and the Company stating otherwise.
- [Bona Fide Occupational Qualification (BFOQ)](https://laborlaw.ph/bona-fide-occupational-qualification-bfoq/): Employment in particular jobs may not be limited to persons of a particular sex, religion, or national origin unless the employer can show that sex, religion, or national origin is an actual qualification for performing the job.
- [Debt Collection Industry](https://laborlaw.ph/debt-collection-industry/): “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits.
- [Surface Mine Workers](https://laborlaw.ph/surface-mine-workers/): “Surface mine workers” – shall only include mill plant workers, electrical, mechanical and tailings pond personnel. (Paragraph 6, Article 302, P.D.
- [Company Practice](https://laborlaw.ph/company-practice/): As a rule, “practice” or “custom” is not a source of a legally demandable or enforceable right.
- [Cases: 13th month pay](https://laborlaw.ph/cases-13th-month-pay/): Ramil v. Stoneleaf, Inc.
- [Mental Health Workplace Policy](https://laborlaw.ph/mental-health-workplace-policy/): DOLE Department Order No.
- [Drug-free Workplace, Mandatory Policy](https://laborlaw.ph/drug-free-workplace-mandatory-policy/): DOLE Department Order No.
- [Hepatitis B Prevention and Control, Mandatory Policy](https://laborlaw.ph/hepatitis-b-prevention-and-control-mandatory-policy/): DOLE Department Advisory No.
- [HIV-AIDS Prevention and Control, Mandatory Policy](https://laborlaw.ph/hiv-aids-prevention-and-control-mandatory-policy/): DOLE Department Order No.
- [Tuberculosis Prevention and Control, Mandatory Policy](https://laborlaw.ph/tuberculosis-prevention-and-control-mandatory-policy/): DOLE Department Order No.
- [Working Conditions](https://laborlaw.ph/working-conditions/): Working conditions refer to the environment and terms/conditions of employment.
- [Women](https://laborlaw.ph/women/): Discrimination against women is prohibited.
- [Minors](https://laborlaw.ph/minors/): Minors – refer to individuals who are below legal age.
- [Homeworkers](https://laborlaw.ph/homeworkers/): Industrial workers are those who perform work in or about a home.
- [Night Workers](https://laborlaw.ph/night-workers/): Night worker means any employed person whose work requires performance of a substantial number of hours of night work which exceeds a specified limit.
- [Non-diminution of Benefits](https://laborlaw.ph/non-diminution-of-benefits/): “Principle of non-diminution of benefits” refers to the prohibition against employers from eliminating or reducing the benefits received by their employees.
- [Wages, Salaries, Remuneration](https://laborlaw.ph/wages-salaries-remuneration/): Wage – See above.
- [Learners](https://laborlaw.ph/learners/): Learners are workers hired as trainees in semi-skilled and other industrial occupations which are non-apprenticeable and which may be learned through practical training on the job in a relatively short period of time which shall not exceed three (3) months.
- [Apprentices](https://laborlaw.ph/apprentices/): Apprentices are workers covered by an apprenticeship agreement involving an apprenticeable occupation which requires more than three (3) months of practical training on the job supplemented by related theoretical instruction.
- [FAQ: Contracting via Individuals as Independent Contractors](https://laborlaw.ph/faq-contracting-via-individuals-as-independent-contractors/): Answers to frequently asked questions on individuals as independent contractors in the Philippines.
- [Cases: Contracting via Individuals as Independent Contractors](https://laborlaw.ph/cases-contracting-via-individuals-as-independent-contractors/): These are the related Labor Law Cases or Jurisprudence.
- [Contracting via Individuals as Independent Contractors](https://laborlaw.ph/contracting-via-individuals-as-independent-contractors/): Independent contractors are individuals who offer their services for a fee to a client/principal in the form of a business and thus they are not considered as employees but as professionals, talents, or freelancers.
- [Assumption of Jurisdiction Power by the DOLE Secretary](https://laborlaw.ph/assumption-of-jurisdiction-power-by-the-dole-secretary/): When, in his opinion, there exists a labor dispute causing or likely to cause a strike or lockout in an industry indispensable to the national interest, the Secretary of Labor and Employment may assume jurisdiction over the dispute and decide it or certify the same to the Commission for compulsory arbitration.
- [Picketing](https://laborlaw.ph/picketing/): “Picketing” – refers to the right of workers to march to and fro before an establishment involved in a labor dispute generally accompanied by the carrying and displaying of signs, placards, and banners intended to inform the public about the dispute.
- [Lockout by the Employer](https://laborlaw.ph/lockout-by-the-employer/): Lockout – refers to the temporary refusal of an employer to furnish work as a result of a labor or industrial dispute. (No.
- [Strike by the Union or Workers](https://laborlaw.ph/strike-by-the-union-or-workers/): “Strike” – means any temporary stoppage of work by the concerted action of employees as a result of an industrial or labor dispute. (Article 219[o], P.D.
- [Voluntary Arbitration](https://laborlaw.ph/voluntary-arbitration/): “Voluntary arbitration” – refers to the mode of settling labor-management disputes by which the parties select a competent, trained and impartial persons who shall decide on the merits of the case and whose decisions is final, executory and unappealable.
- [Grievance Machinery](https://laborlaw.ph/grievance-machinery/): Grievance machinery – refers to a system of resolving grievances aired by employees, including but not limited to, issues arising from the interpretation or implementation of their Collective Bargaining Agreement and those arising from the interpretation or enforcement of company personnel policies, as well as those that may be stipulated in the Collective Bargaining Agreement.
- [Cases: Moonlighting](https://laborlaw.ph/cases-moonlighting/): Capitol Wireless, Inc. v.
- [Cases: Prescriptive Period for Monetary Claims](https://laborlaw.ph/cases-prescriptive-period-for-monetary-claims/): These are the related Labor Law Cases or Jurisprudence.
- [Cases: Service Incentive Leave](https://laborlaw.ph/cases-service-incentive-leave/): These are the related Labor Law Cases or Jurisprudence.
- [Cases: Special Leave for Women](https://laborlaw.ph/cases-special-leave-for-women/): On February 2, 2011, [the employee], then Secretary of the House of Representatives Electoral Tribunal (HRET), requested authority to avail of the 15 days of special leave benefit under Republic Act (RA) No.
- [Cases: Sea-based Workers, Seafarers, Mariners, Ocean-going OFWs](https://laborlaw.ph/cases-sea-based-workers-seafarers-mariners-ocean-going-ofws/): Malicdem v. Asia Bulk Transport Phils., Inc.
- [Cases: OFWs Dismissed from Work](https://laborlaw.ph/cases-ofws-dismissed-from-work/): Sameer Overseas Placement Agency, Inc. v. Cabiles, En Banc, G.R. No.
- [General Labor Standards](https://laborlaw.ph/general-labor-standards/): Labor standards refer to legally-mandated benefits required to be given to the employees by the employer or, in some cases, by the Government.
- [FAQ: Retirement pay, Private Sector](https://laborlaw.ph/faq-retirement-pay-private-sector/): See: FAQ: Statutory Monetary Benefits.
- [Cases: Premium Pay](https://laborlaw.ph/cases-premium-pay/): The following are the related or relevant Labor Law Cases or Jurisprudence on the topic.
- [FAQ: Premium pay](https://laborlaw.ph/faq-premium-pay/): See: FAQ: Statutory Monetary Benefits.
- [Cases: Holiday pay](https://laborlaw.ph/cases-holiday-pay/): Clientlogic Philippines, Inc. v.
- [FAQ: Holiday pay](https://laborlaw.ph/faq-holiday-pay/): See: FAQ: Statutory Monetary Benefits.
- [Computation of Holiday Pay](https://laborlaw.ph/computation-of-holiday-pay/): If covered employees do not perform work on a regular holiday, they are entitled to a holiday pay of at least 100% their daily wage.
- [Cases: Night Shift Differential Pay](https://laborlaw.ph/cases-night-shift-differential-pay/): The following are the Labor Law Cases or Jurisprudence on night shift differential pay.
- [FAQ: Night Shift Differential Pay](https://laborlaw.ph/faq-night-shift-differential-pay/): See: FAQ: Statutory Monetary Benefits.
- [Computation of Night Shift Differential Pay](https://laborlaw.ph/computation-of-night-shift-differential-pay/): If covered employees perform work on a night shift designated by law, they are entitled to a night shift differential pay of at least 20% their hourly rate for those in the Government service and 10% for those in the private sector.
- [Hepatitis B Test](https://laborlaw.ph/hepatitis-b-test/): A pre-employment requirement is one that is required to be done as part of the requirements prior to employment.
- [FAQ: Management Prerogative](https://laborlaw.ph/faq-management-prerogative/): Answers to frequently asked questions on management prerogative in the Philippines.
- [Drug Test](https://laborlaw.ph/drug-test/): Making a job applicant take a drug test as a pre-employment requirement is an exercise of management prerogative.
- [Ban on Direct-hiring for Overseas Employment](https://laborlaw.ph/ban-on-direct-hiring-for-overseas-employment/): ⦁ Employers, whether local or overseas, are prohibited from hiring Filipino workers for overseas employment.
- [Duty Detail Order, Private Security](https://laborlaw.ph/duty-detail-order-private-security/): Duty Detail Order – refers to a written order/schedule/assignment issued to a security guard and other private security personnel by a superior officer, usually the private security agency or branch manager or operation's officer, for the performance of security and/or detective service duty/ies.
- [Right to Security of Tenure, Private Security](https://laborlaw.ph/right-to-security-of-tenure-private-security/): Security of tenure –Security guards and other private security personnel shall enjoy security of tenure in their employment as provided by law.
- [Statutory Benefits, Private Security](https://laborlaw.ph/statutory-benefits-private-security/): 1) Basic salary for all actual workdays and for the twelve (12) regular holidays (as holiday pay) which must not be lower than the minimum wage rates described in Subsection 7.3, to be computed by using the factors recommended herein.
- [Employment Terms and Conditions, Private Security](https://laborlaw.ph/employment-terms-and-conditions-private-security/): The Security Service Contractor / Private Security Agency (SSC/PSA) is the employer of its security guards and other private security personnel on duty detail to a principal or client under a Service Agreement.
- [SSC/PSA Responsibilities and Liabilities, Private Security](https://laborlaw.ph/ssc-psa-responsibilities-and-liabilities-private-security/): 1) When the SSC/PSA fails to pay the wages of its security guards and other private security personnel, the principal or client shall be considered the "indirect employer" and shall be jointly and severally liable with the SSC/PSA to the extent of the work performed by such security guards and other private security personnel under the Service Agreement, in the same manner and extent that the principal is liable to its direct employees.
- [SSC/PSA Service Agreements, Private Security](https://laborlaw.ph/ssc-psa-service-agreements-private-security/): Service Agreement – refers to the contract between the principal and the Security Service Contractor / Private Security Agency (SSC/PSA) containing the terms and conditions governing the performance or completion of security service, job, or work being farmed out for a definite or predetermined period.
- [Labor-only Contracting](https://laborlaw.ph/labor-only-contracting/): ▪ Labor-only contracting is prohibited.
- [Control in Contracting](https://laborlaw.ph/control-in-contracting/): ▪ Controlling an employee is one of the rights and powers of the employer.
- [Contractor's employees](https://laborlaw.ph/contractors-employees/): ⦁ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel.
- [Principal in Contracting](https://laborlaw.ph/principal-in-contracting/): ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting arrangement.
- [Contractor or Subcontractor](https://laborlaw.ph/contractor-or-subcontractor/): ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job contractors, who perform a job or work farmed out or outsourced by a principal under a Service Agreement.
- [Job Contracting and Subcontracting](https://laborlaw.ph/job-contracting-and-subcontracting/): ▪ Job contracting is an arrangement whereby a principal outsources a job, work, or service to the contractor who performs these through its deployed personnel, otherwise known as the contractor’s workers.
- [Equipoise rule](https://laborlaw.ph/equipoise-rule/): ▪ When the evidence in labor cases is in equipoise, doubt is resolved in favor of the employee.
- [Technical Rules of Procedure](https://laborlaw.ph/technical-rules-of-procedure/): ▪ Technical rules of procedure are not binding in labor cases.
- [Burden of Proof](https://laborlaw.ph/burden-of-proof/): ▪ Burden of proof shifts between the employer and the employee depending on what is being claimed.
- [National Labor Relations Commission](https://laborlaw.ph/national-labor-relations-commission/): ▪ The National Labor Relations Commission (NLRC) has original and exclusive jurisdiction of certain labor cases.
- [Labor Arbiter](https://laborlaw.ph/labor-arbiter/): ▪ The Labor Arbiter has original and exclusive jurisdiction of certain labor cases.
- [DOLE Secretary](https://laborlaw.ph/dole-secretary/): ▪ The Secretary of the Department of Labor and Employment (DOLE Secretary) has jurisdiction over certain cases.
- [Bureau of Labor Relations](https://laborlaw.ph/bureau-of-labor-relations/): ▪ The Bureau of Labor Relations (BLR) has original and exclusive authority on certain cases which involve unions, collective bargaining agreements, and labor disputes in organized establishments.
- [National Conciliation and Mediation Board](https://laborlaw.ph/national-conciliation-and-mediation-board/): ▪ The National Conciliation and Mediation Board (NCMB) formulates policies, develops plans and programs and sets standards and procedures relative to the promotion of conciliation and mediation of labor disputes through the preventive mediation, conciliation and voluntary arbitration.
- [Voluntary Arbitrators](https://laborlaw.ph/voluntary-arbitrators/): ▪ The employers and employees may agree to resolve their labor dispute before voluntary arbitrators.
- [DOLE Regional Director](https://laborlaw.ph/dole-regional-director/): The Regional Director of the Department of Labor and Employment (DOLE Regional Director) has jurisdiction over certain cases.
- [Non-Compete Agreements](https://laborlaw.ph/non-compete-agreements/): ▪ A non-compete agreement in an employment contract is valid.
- [Confidentiality or Non-Disclosure Agreements](https://laborlaw.ph/confidentiality-or-non-disclosure-agreements/): ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid.
- [Final pay](https://laborlaw.ph/final-pay/): Final pay is required to be paid within 30 calendar days from termination or separation from employment.
- [Certificate of Employment](https://laborlaw.ph/certificate-of-employment-employee/): Employers are obligated to issue a Certificate of Employment (COE) is required to be issued by an employer upon request by an employee or an ex-employee.
- [Clearance Process](https://laborlaw.ph/clearance-process/): Clearance process is valid and has legal bases. Final pay subject to clearance process. Wages may be withheld for debts or obligations to the employer.
- [Resignation](https://laborlaw.ph/resignation/): Resignation is the formal pronouncement or relinquishment of a position or office. (Central Azucarera de Bais, Inc. v. Siason, G.R. No.
- [Attorney's Fees](https://laborlaw.ph/attorneys-fees/): ▪ Attorney’s fees are awarded to employees in certain cases.
- [Nominal Damages](https://laborlaw.ph/nominal-damages/): ▪ Nominal damages are awarded to an employee who was dismissed for valid cause but due process was not observed.
- [Exemplary damages](https://laborlaw.ph/exemplary-damages/): ▪ Exemplary damages may be awarded if the dismissal was effected in a wanton, oppressive or malevolent manner.
- [Moral Damages](https://laborlaw.ph/moral-damages/): ▪ Moral damages may be awarded in certain cases.
- [Full Backwages](https://laborlaw.ph/full-backwages/): ▪ Full backwages are due to illegally dismissed employees except those who participated in an illegal strike.
- [Illegal Dismissal](https://laborlaw.ph/illegal-dismissal-due-process/): • Illegal dismissal is the termination or separation from employment without just cause or authorized cause.
- [Reinstatement](https://laborlaw.ph/reinstatement/): Reinstatement – refers to the ‘restoration to a state or condition from which one had been removed or separated.
- [Authorized Cause Procedure](https://laborlaw.ph/authorized-cause-procedure-due-process/): Authorized cause procedure – refers to the steps or process of implementing due process in relation to separation from employment.
- [Disease](https://laborlaw.ph/disease-authorized-cause/): Disease – refers to “an illness that affects a person” or “a condition that prevents the body or mind from working normally”.
- [Closure or Cessation of Business](https://laborlaw.ph/closure-or-cessation-of-business-authorized-cause/): Closure of a business or undertaking due to business losses is the reversal of fortune of the employer whereby there is a complete cessation of business operations to prevent further financial drain upon an employer who cannot pay anymore his employees since business has already stopped.
- [Francesca v. Sutherland Global Services, Inc. (2025)](https://laborlaw.ph/francesca-v-sutherland-global-services-inc-2025/): Francesca v. Sutherland Global Services, Inc., G.R. No.
- [Saudi Arabian Airlines v. Castells (2025)](https://laborlaw.ph/saudi-arabian-airlines-v-castells-2025/): Saudi Arabian Airlines v. Castells, G.R. No.
- [Dela Fuente DBA SM Seafood Products v. Gimenez (2021)](https://laborlaw.ph/dela-fuente-dba-sm-seafood-products-v-gimenez-2021/): Dela Fuente DBA SM Seafood Products v. Gimenez, G.R. No.
- [ITALKARAT 18 v. Gerasmio (2020)](https://laborlaw.ph/italkarat-18-v-gerasmio-2020/): ITALKARAT 18, Inc. v. Gerasmio, G.R. No.
- [PHIMCO Industries v. NLRC (1997)](https://laborlaw.ph/phimco-industries-v-nlrc-1997/): PHIMCO Industries, Inc. v. NLRC, G.R. No.
- [Intertrod Maritime, Inc. v. TROODOS Shipping Co. (1991)](https://laborlaw.ph/intertrod-maritime-inc-v-troodos-shipping-co-1991/): Intertrod Maritime, Inc. v. NLRC, G.R. No.
- [Bance v. University of St. Anthony (2021)](https://laborlaw.ph/bance-v-university-of-st-anthony-2021/): Bance v. University of St. Anthony and Santiago Ortega, Jr., G.R. No.
- [Employer’s Acceptance of Employee’s Resignation](https://laborlaw.ph/employers-acceptance-of-employees-resignation/): There is confusion on whether acceptance by the employer is required for a resignation to be effective.
- [Central Azucarera de Bais v. Siason (2015)](https://laborlaw.ph/central-azucarera-de-bais-v-siason-2015/): Central Azucarera de Bais v. Siason, G.R. No.
- [Gabrillo v. Tri-J Marketing (2026)](https://laborlaw.ph/gabrillo-v-tri-j-marketing-2026/): Gabrillo v. Tri-J Marketing, G.R. No.
- [Bacani v. Fiber Textile Manufacturing Corp. (2025)](https://laborlaw.ph/bacani-v-fiber-textile-manufacturing-corp-2025/): Bacani et al. v. Fiber Textile Manufacturing Corp. et al., En Banc, G.R. No.
- [Ascent Skills Human Resources Services, Inc. v. Manuel (2021)](https://laborlaw.ph/ascent-skills-human-resources-services-inc-v-manuel-2021/): Ascent Skills Human Resources Services, Inc. v. Manuel, G.R. No.
- [Pascual v. Sitel Philippines Corporation (2020)](https://laborlaw.ph/pascual-v-sitel-philippines-corporation-2020/): Pascual v. Sitel Philippines Corporation, G.R. No.
- [Philippines Today, Inc. v. NLRC (1997)](https://laborlaw.ph/philippines-today-inc-v-nlrc-1997/): Philippines Today, Inc. v. Go-Belmonte, G.R. No.
- [Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor Union-Super (2008)](https://laborlaw.ph/eastridge-golf-club-inc-v-eastridge-golf-club-inc-labor-union-super-2008/): Eastridge Golf Club, Inc. v. Eastridge Golf Club, Inc., Labor Union-Super, G.R. No.
- [Zonio v. 1st Quantum Leap Security Agency, Inc. (2021)](https://laborlaw.ph/zonio-v-1st-quantum-leap-security-agency-inc-2021/): Zonio v. 1st Quantum Leap Security Agency, Inc, G.R. No.
- [Nippon Paint Philippines, Inc. v. NIPPEA (2021)](https://laborlaw.ph/nippon-paint-philippines-inc-v-nippea-2021/): Nippon Paint Philippines, Inc. v.
- [Cambila, Jr. v. Seabren Security Agency (2024)](https://laborlaw.ph/cambila-jr-v-seabren-security-agency-2024/): Cambila Jr. et al. v. Seabren Security Agency, et al., G.R. No.
- [Amor v. Constant Packaging Corporation (2015)](https://laborlaw.ph/amor-v-constant-packaging-corporation-2015/): Amor et al. v. Constant Packaging Corporation, G.R. No.
- [Hubilla v. HSY Marketing Ltd., Co. (2018)](https://laborlaw.ph/hubilla-v-hsy-marketing-ltd-co-2018/): Hubilla et al. v. HSY Marketing Ltd., Co., et al., G.R. No.
- [Aragones v. Alltech Biotechnology Corporation (2025)](https://laborlaw.ph/aragones-v-alltech-biotechnology-corporation-2025/): Aragones v. Alltech Biotechnology Corporation, G.R. No.
- [Lacson vs. RCCL Crew Management Inc. (2025)](https://laborlaw.ph/lacson-vs-rccl-crew-management-inc-2025/): Case Title: Lacson vs.
- [Maitim vs. Teknika Skills and Trade Services (2025)](https://laborlaw.ph/maitim-vs-teknika-skills-and-trade-services-2025/): Case Title: Maitim vs. Teknika Skills and Trade Services, Inc./Cesar E.
- [FAQ: Retirement Pay](https://laborlaw.ph/faq-retirement-pay/): Retirement pay is a monetary benefit provided to employees who retire from service, ensuring financial support during their retirement years.
- [FAQ: Separation Pay](https://laborlaw.ph/faq-separation-pay-2/): Separation pay is additional compensation granted to employees who are terminated from employment due to authorized causes, such as installation of labor-saving devices, redundancy, retrenchment, closure or cessation of operations, or incurable disease.
- [FAQ: Service Incentive Leave](https://laborlaw.ph/faq-service-incentive-leave/): SIL refers to five (5) days of paid leave granted to employees who have rendered at least one (1) year of service.
- [FAQ: Solo Parent Leave](https://laborlaw.ph/faq-solo-parent-leave/): Solo Parent Leave is a benefit that grants eligible solo parent employees seven (7) working days of leave with full pay each year to enable them to perform parental duties where their physical presence is required.
- [FAQ: Special Leave for Women](https://laborlaw.ph/faq-special-leave-for-women/): The Special Leave Benefit for Women is a provision under the Magna Carta of Women (RA 9710) that grants eligible female employees up to two months of leave with full pay following surgery caused by gynecological disorders.
- [FAQ: VAWC Leave](https://laborlaw.ph/faq-vawc-leave/): VAWC Leave is a benefit under Republic Act No.
- [Employee Ranks](https://laborlaw.ph/employee-ranks/): Employee rank – refers to a employee’s hierarchical position in an organization.
- [Pre-Employment Requirements](https://laborlaw.ph/pre-employment-requirements/): Pre-employment requirements – refer to those a prospective employer requires from a job applicant prior to being hired or engaged to work.
- [Anti-Sexual Harassment Workplace Policy](https://laborlaw.ph/anti-sexual-harassment-workplace-policy/): R.A. 7877 or the Anti-Sexual Harassment Act of 1995 and R.A.
- [Toliongco v. CA (2020)](https://laborlaw.ph/toliongco-v-ca-2020/): Toliongco v. CA, G.R. No.
- [Buban v. Dela Peña (2024)](https://laborlaw.ph/buban-v-dela-pena-2024/): Buban v. Dela Peña, G.R. No.
- [Gonzales v. Serrano (2008)](https://laborlaw.ph/gonzales-v-serrano-2008/): Gonzales v. Serrano, G.R. No.
- [Domingo v. Rayala (2008)](https://laborlaw.ph/domingo-v-rayala-2008/): Domingo v. Rayala, G.R. No. 155831, 155840, and 158700, February 18, 2008, Per Nachura, J.
- [LBC Express-VIS, Inc. v. Palco (2020)](https://laborlaw.ph/lbc-express-vis-inc-v-palco-2020/): LBC Express-VIS, Inc. v. Palco, G.R. No.
- [FAQ: Statutory Monetary Benefits](https://laborlaw.ph/faq-statutory-monetary-benefits/): NOTICE: The following frequently asked questions and their answers (FAQ) cover all statutory monetary benefits or legally mandated benefits that an employer is required to pay to the employees.
- [FAQ: Separation Pay](https://laborlaw.ph/faq-separation-pay/): See: FAQ: Statutory Monetary Benefits.
- [FAQ: Service Charges](https://laborlaw.ph/faq-service-charges/): See: FAQ: Statutory Monetary Benefits.
- [FAQ: 13th Month Pay](https://laborlaw.ph/faq-13th-month-pay/): See: FAQ: Statutory Monetary Benefits.
- [Computation of 13th Month Pay](https://laborlaw.ph/computation-of-13th-month-pay/): These are the steps on how to compute for the 13th month pay.
- [Computation of Separation Pay](https://laborlaw.ph/computation-of-separation-pay/): When covered employees are separated from employment due to an authorized cause, they are entitled to separation pay which is computed based on the authorized cause.
- [Computation of Retirement Pay, Private Sector](https://laborlaw.ph/computation-of-retirement-pay-private-sector/): If covered employees qualify for retirement, they are entitled to a retirement pay of at least one-half (1/2) month salary for every year of service, a fraction of at least six (6) months being considered as one (1) whole year.
- [Computation of Premium Pay](https://laborlaw.ph/computation-of-premium-pay/): These are the steps on how to compute for the premium pay.
- [Computation of Overtime Pay](https://laborlaw.ph/computation-of-overtime-pay/): If covered employees perform overtime work, they are entitled to overtime pay of at least 25% their regular hourly rate.
- [Impossible Reinstatement](https://laborlaw.ph/impossible-reinstatement/): Impossible reinstatement – refers to the non-feasibility or non-probability of reinstating an employee.
- [Proof of Service](https://laborlaw.ph/proof-of-service/): Proof of service – refers to evidence presented before a labor court to show or establish that proper service of a required notice or document has been served to a person.
- [SSS Benefits](https://laborlaw.ph/sss-benefits/): Social security benefits – refer to the ‘package of benefits under the Social Security Program in the event of death, disability, sickness, maternity, old age and unemployment.
- [PhilHealth Benefits](https://laborlaw.ph/philhealth-benefits/): ‘The National Health Insurance Program (NHIP) is a compulsory health insurance program of the government established to provide universal health insurance coverage and ensure affordable, acceptable, available and accessible health care services for all citizens of the Philippines.’ (2024 DOLE-BWC Handbook on Workers’ Statutory Monetary Benefits or “DOLE-BWC Handbook”, p.
- [Pag-IBIG Benefits](https://laborlaw.ph/pag-ibig-benefits/): Pag-IBIG benefits – refer to the benefits provided for by the Home Development Mutual Fund (HDMF), also known as Pag-IBIG (Pagtutulungan sa Kinabukasan: Ikaw, Bangko, Industriya at Goberyno) Fund.
- [Solo Parent Employees](https://laborlaw.ph/solo-parent-employees/): (e) Any relative within fourth (4th) civil degree of consanguinity or affinity of the parent or legal guardian who assumes parental care and support of the child or children as a result of the death, abandonment, disappearance or absence of the parents or solo parent for at least six (6) months: Provided, That in cases of solo grandparents who are senior citizens but who have the sole parental care and support over their grandchildren who are unmarried, or unemployed and twenty-two (22) years old or below, or those twenty-two (22) years old or over but who are unable to fully take care or protect themselves from abuse, neglect, cruelty, exploitation, or discrimination because of a physical or mental disability or condition, they shall be entitled to the benefits of this Act in addition to the benefits granted to them by Republic Act No.
- [Persons in the Personal Service of Another](https://laborlaw.ph/persons-in-the-personal-service-of-another/): Persons in the personal service of another – refers to individuals who regularly provide service to individuals or a family, without being a kasambahay or a domestic worker, and not necessarily relating to domestic work.
- [Kasambahay or Domestic Worker](https://laborlaw.ph/kasambahay-or-domestic-worker/): Domestic worker or Kasambahay – refers to ‘any person engaged in domestic work within an employment relationship such as, but not limited to, the following: general househelp, nursemaid or “yaya”, cook, gardener, or laundry person, but shall exclude any person who performs domestic work only occasionally or sporadically and not on an occupational basis.’ (R.A.
- [Cases: Prescriptive Period for Illegal Dismissal](https://laborlaw.ph/cases-prescriptive-period-for-illegal-dismissal/): These are the related Labor Law Cases or Jurisprudence.
- [Company-initiated Policies](https://laborlaw.ph/company-initiated-policies/): Company-initiated Policies – refer to workplace policies and programs issued by the employer in the exercise of its management prerogative, i.e., discretionary policies, and thus not necessarily as required by labor law (cf.
- [Guide to DOLE Visit, Inspection, or Investigation](https://laborlaw.ph/guide-to-dole-visit-inspection-or-investigation/): DOLE labor standards inspection – refers to the exercise of the DOLE Secretary’s visitorial and enforcement powers in relation to administering and enforcing labor standards in establishments, either through a Technical and Advisory Visit, a Labor Inspection, or an Occupational Safety and Health Investigation.
- [Unorganized Establishments](https://laborlaw.ph/unorganized-establishments/): Unorganized establishments – under the Labor Code Code, refer to establishments where there is no recognized or certified legitimate labor organization which has been elected to be the sole and exclusive bargaining agent (SEBA) for purposes of collective bargaining with the employer.
- [Organized Establishments](https://laborlaw.ph/organized-establishments/): “Organized Establishment” refers to an enterprise where there exists a recognized or certified sole and exclusive bargaining agent.
- [Carpio v. Modair Manila Co. Ltd. (2021)](https://laborlaw.ph/carpio-v-modair-manila-co-ltd-2021/): Carpio v. Modair Manila Co. Ltd., G.R. No.
- [Five J Taxi v. NLRC (1994)](https://laborlaw.ph/five-j-taxi-v-nlrc-1994/): Five J Taxi v. NLRC, G.R. No.
- [Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo (2011)](https://laborlaw.ph/nina-jewelry-manufacturing-of-metal-arts-inc-v-montecillo-2011/): Niña Jewelry Manufacturing of Metal Arts, Inc. v. Montecillo, G.R. No.
- [Rivera v. Solidbank Corporation (2006)](https://laborlaw.ph/rivera-v-solidbank-corporation-2006/): Rivera v. Solidbank Corporation, G.R. No.
- [Duncan Association of Detailman-PTGWO vs. Tecson (2004)](https://laborlaw.ph/duncan-association-of-detailman-ptgwo-vs-tecson-2004/): Duncan Association of Detailman-PTGWO vs.
- [Yrasuegi v. Philippine Airlines, Inc. (2008)](https://laborlaw.ph/yrasuegi-v-philippine-airlines-inc-2008/): Yrasuegi v. Philippine Airlines, Inc., G.R. No. 168081, October 17, 2008, Reyes, R.T., J.
- [Eastern Telecommunications Philippines, Inc. v. ETEU (2012)](https://laborlaw.ph/eastern-telecommunications-philippines-inc-v-eteu-2012/): Eastern Telecommunications Philippines, Inc. v. Eastern Telecoms Employees Union, G.R. No.
- [Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO (2016)](https://laborlaw.ph/echo-2000-commercial-corporation-v-obrero-filipino-echo-2000-chapter-clo-2016/): Echo 2000 Commercial Corporation v. Obrero Filipino-Echo 2000 Chapter-CLO, G.R. No.
- [Yulo v. Concentrix Daksh Services Philippines, Inc. (2019)](https://laborlaw.ph/yulo-v-concentrix-daksh-services-philippines-inc-2019/): Yulo v. Concentrix Daksh Services Philippines, Inc., G.R. No.
- [Imasen Philippine Manufacturing Corporation v. Alcon (2014)](https://laborlaw.ph/imasen-philippine-manufacturing-corporation-v-alcon-2014/): Imasen Philippine Manufacturing Corporation v. Alcon, G.R. No.
- [Peckson v. Robinsons Supermarket Corporation (2013)](https://laborlaw.ph/peckson-v-robinsons-supermarket-corporation-2013/): Peckson v. Robinsons Supermarket Corporation, G.R. No.
- [Sagun v. ANZ Global Services and Operations (Manila), Inc. (2016)](https://laborlaw.ph/sagun-v-anz-global-services-and-operations-manila-inc-2016/): Sagun v. ANZ Global Services and Operations (Manila), Inc., G.R. No.
- [Abbott Laboratories v. Alcaraz (2013)](https://laborlaw.ph/abbott-laboratories-v-alcaraz-2013/): Abbott Laboratories v. Alcaraz, En Banc, G.R. No.
- [Dongon v. Rapid Movers and Forwarders Co., Inc. (2013)](https://laborlaw.ph/dongon-v-rapid-movers-and-forwarders-co-inc-2013/): Dongon v. Rapid Movers and Forwarders Co., Inc., G.R. No.
- [Abasolo v. NLRC (2000)](https://laborlaw.ph/abasolo-v-nlrc-2000/): De Leon, Jr., J.
- [Inocentes v. R. Syuco Construction, Inc. (2019)](https://laborlaw.ph/inocentes-v-r-syuco-construction-inc-2019/): Inocentes v. R. Syuco Construction, Inc., G.R. No.
- [Philippine Daily Inquirer, Inc. v. Magtibay (2007)](https://laborlaw.ph/philippine-daily-inquirer-inc-v-magtibay-2007/): Philippine Daily Inquirer, Inc. v. Magtibay, G.R. No.
- [Mitsubishi Motors Philippines Corporation v. Chrysler Philippines Labor Union (2004)](https://laborlaw.ph/mitsubishi-motors-philippines-corporation-v-chrysler-philippines-labor-union-2004/): Mitsubishi Motors Philippines Corporation v. Chrysler Philippines Labor Union, G.R. No.
- [University of Santo Tomas (UST) v. Samahang Manggagawa ng UST (2017)](https://laborlaw.ph/university-of-santo-tomas-ust-v-samahang-manggagawa-ng-ust-2017/): University of Santo Tomas (UST) v. Samahang Manggagawa ng UST, G.R. No.
- [Paragele v. GMA Network (2020)](https://laborlaw.ph/paragele-v-gma-network-2020/): Paragele v. GMA Network, Inc., G.R. No.
- [Maraguinot, Jr. v. NLRC (1998)](https://laborlaw.ph/maraguinot-jr-v-nlrc-1998/): Maraguinot, Jr. v. NLRC, G.R. No.
- [Poseidon Fishing v. NLRC, Estoquia (2006)](https://laborlaw.ph/poseidon-fishing-v-nlrc-estoquia-2006/): Poseidon Fishing/Terry De Jesus v. NLRC, Estoquia, G.R. No.
- [Universal Robina Sugar Milling v. Acibo (2019)](https://laborlaw.ph/universal-robina-sugar-milling-v-acibo-2019/): Universal Robina Sugar Milling Corporation v. Acibo, G.R. No.
- [Dumpit-Murillo v. CA, Associated Broadcasting Company (2007)](https://laborlaw.ph/dumpit-murillo-v-ca-associated-broadcasting-company-2007/): Dumpit-Murillo v. CA, Associated Broadcasting Company, G.R. No.
- [FAQ: Overtime Pay](https://laborlaw.ph/faq-overtime-pay/): See: FAQ: Statutory Monetary Benefits.
- [Omnibus Rules Implementing the Labor Code: About](https://laborlaw.ph/omnibus-rules-implementing-the-labor-code-about/): Omnibus rules and regulations is a compilation of implementing rules and regulations after the passage of the Labor Code.
- [Drivers](https://laborlaw.ph/drivers/): Drivers – refers to those who drive a car or vehicle for a living.
- [FAQ: Resignation](https://laborlaw.ph/faq-resignation/): Answers to frequently asked questions on resignation in the Philippines.
- [Government -owned or -controlled corporations](https://laborlaw.ph/government-owned-or-controlled-corporations/): GOCCs without original charters are covered by the Labor Code, not the Civil Service Law.
- [Prescriptive periods, interruption, penalties](https://laborlaw.ph/prescriptive-periods-interruption-penalties/): “Prescriptive periods” or “prescription periods” – refer to the period up to when a legal action may be filed or instituted; otherwise, after the said period, the cause of action is barred forever.
- [Sole and exclusive bargaining agent (SEBA)](https://laborlaw.ph/sole-and-exclusive-bargaining-agent-seba/): “Exclusive Bargaining Representative” – refers to a legitimate labor union duly recognized or certified as the sole and exclusive bargaining representative or agent of all the employees in a bargaining unit.
- [Request for sole and exclusive bargaining (SEBA) certification](https://laborlaw.ph/request-for-sole-and-exclusive-bargaining-seba-certification/): Any legitimate labor organization may file a request for SEBA certification.
- [Overseas Filipino Workers (OFWs)](https://laborlaw.ph/overseas-filipino-workers-ofws/): “Overseas Filipino Worker (OFW)” – refers to a person who is to be engaged, is engaged, or has been engaged in a remunerated activity in a State of which the person is not a citizen, or on board a vessel navigating the foreign seas other than a government ship used for military or noncommercial purposes, or on an installation located offshore or on the high seas.
- [Unfair Labor Practices by a Labor Organization](https://laborlaw.ph/unfair-labor-practices-by-a-labor-organization/): Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization.
- [Unfair Labor Practices by an Employer](https://laborlaw.ph/unfair-labor-practices-by-an-employer/): Employers may be held liable for unfair labor practices if they interfere with their employees right to self-organization.
- [Rights and Conditions of Membership in Labor Organizations](https://laborlaw.ph/rights-and-conditions-of-membership-in-labor-organizations/): Being a member of a labor organization comes with rights and conditions.
- [Labor Disputes](https://laborlaw.ph/labor-disputes/): “Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee.
- [Employees](https://laborlaw.ph/employees/): “Employee” – includes any person in the employ of an employer.
- [Employers](https://laborlaw.ph/employers/): “Employer” – includes any person acting in the interest of an employer, directly or indirectly.
- [Constructive Dismissal](https://laborlaw.ph/constructive-dismissal/): ▪ Constructive dismissal refers to a quitting because continued employment is rendered impossible, unreasonable or unlikely; as, an offer involving a demotion in rank and a diminution in pay.
- [Agabon Doctrine](https://laborlaw.ph/agabon-doctrine/): “Agabon doctrine” – refers to jurisprudential rule that the dismissal of employees for just causes or authorized causes but without observance of procedural due process will be upheld subject to the employer being liable for nominal damages.

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