Shows
Business Labor Forum PhilippinesCommission-Based Pay in Philippine JurisdictionIn Philippine Jurisdiction, employees paid purely on commission basis are excluded from the coverage of employees entitled for holiday pay (under the Labor Code) and 13th month pay (P.D. 851 - 13th month pay law). In this episode, we give guidance on how commission is treated as a manner of payment of wages. There are two kinds of commissions. The first kind is considered as wages. This is the case for employees who are partly or fully paid on commission basis. The second kind is considered as an incentive or reward for achieving targets or quotas. The...2021-12-0109 minBusiness Labor Forum Philippines13th Month Pay in the PhilippinesRank-and-file employees in the private sector in the Philippines shall be entitled to the statutory 13th month pay under Presidential Decree 851. This monetary benefit is required regardless of their position, designation, or employment status, and irrespective of the method by which their wages are paid, provided that they have worked for at least one (1) month during the calendar year. The "basic salary" of an employee for the purpose of computing the thirteenth-month pay shall include all remunerations or earnings paid by his or her employer for services rendered. It does not include allowances and monetary benefits which are not...2021-12-0111 minBusiness Labor Forum PhilippinesRegular vs. Special Allowance under Philippine JurisdictionUnder Philippine jurisdiction, the term "Wage" refers to any monetary paid to any employee shall mean the remuneration or earnings, however designated, capable of being expressed in terms of money, whether fixed or ascertained on a time, task, piece, or commission basis, or other method of calculating the same, which is payable by an employer to an employee under a written or unwritten contract of employment for work done or to be done, or for services rendered or to be rendered and includes the fair and reasonable value of board, lodging, or other facilities customarily furnished by the employer...2021-10-0408 min
Business Labor Forum PhilippinesSecond Written Notice (of Termination ) under Philippine Labor CodeThe two-notice requirement for termination of employment should always work hand in hand. The charges as stated in the 1st written notice (to explain) must coincide with the charges found to be the grounds for suspension or termination of employment in the 2nd notice. Not having the same charge stated in the two notices may give rise to a possible labor case, and may eventually be a ground for declaring the termination illegal for not giving the employee ample opportunity to be heard, as required under existing Philippine Labor Law guidelines.--- Send in a voice message: https...2021-06-0710 minBusiness Labor Forum PhilippinesFirst Written Notice (to Explain) for Termination of Employment under Philippine Labor CodeA lot of questions are still asked regarding how to legally terminate the employer-employee relationship. This episode gives a background on the 1st legal step required under the Philippine Labor Code. Here we enumerate what is required to be stated in the Notice of Charge for purposes of procedural due process in termination of employment.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-06-0407 minBusiness Labor Forum PhilippinesResignation without Just CauseResignation without Just Cause is allowed under the Philippine Labor Code. This is consistent with the Philippine Constitution's prohibition of involuntary servitude (or slavery). Every person has the right against involuntary servitude under Philippine jurisdiction. Hence, anyone can resign even for no valid legal cause. However, non-compliance with the requirement of due notice gives rise to the employee's liability for damages or injury suffered by the employer.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-05-1707 minBusiness Labor Forum PhilippinesProbationary Employment vs. Regular Employment under Philippine Labor CodeProbationary Employment is in the same plane as regular employment under the Labor Code. Both employment arrangements are the same on two basic points. However, there is another ground for termination of employment during the probationary period of employment for a probationary employee.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-05-0406 minBusiness Labor Forum Philippines3 Things to know about Probationary Employment under Philippine Labor LawA probationary employee has the same basic rights as a regular employee under the Philippine Labor Laws. A probationary employee is protected under the principle of security of tenure; he is informed of the criteria for regularization at the time or prior to the time of engagement; and the employer has a maximum of 180 days to determine whether the probationary employee is fit for the job and qualified for regularization.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-04-3005 minBusiness Labor Forum PhilippinesCertificate of Employment under Philippine JurisdictionCertificate of Employment is a right of any employee, even for a resigned or separated employee. This episode provides for the 3-30 guideline under the Department of Labor and Employment (DOLE) Labor Advisory No. 6, Series of 2020.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-04-2606 minBusiness Labor Forum PhilippinesProject Employment under Philippine LawsIt is important to distinguish project employment from other types of employment engagement in the Philippines. Many businesses use the term project employment for some employment engagements which do not techinically fall under the said category or definition under the laws of the Philippines.--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-04-2305 minBusiness Labor Forum PhilippinesIntro to Security of Tenure - Just and Authorized Causes for TerminationUnder Philippine Jurisdiction, the general rule is that an employee (not an independent contractor) cannot be terminated from employment, except for just and authorized causes for termination of employment. There are other legal grounds for the termination of the employer-employee relationship, which will be discussed in other episodes of our podcast--- Send in a voice message: https://anchor.fm/marvyn-gaerlan/message2021-04-2306 min