Category Archives: HR & Labor

Employers’ Duty under the Anti-Sexual Harassment Act

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You may be aware that Republic Act No. 7877, also known as the Anti-Sexual Harassment Act of 1995, provides for criminal sanctions or penalties for acts constituting sexual harassment. You may not be aware, however, that the law also requires the employers or the head of the covered institutions to prevent or deter the commission of acts of sexual harassment and to provide for procedures for resolution, settlement or prosecution of acts of sexual harassment. They are required to:

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Labor-Only Contracting, Independent Job Contracting in the Philippines

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Job contracting now appears to be the workplace trend. While job contracting has its positive aspects, the explanatory note of House Bill No. 380 asserts that workers hired by agencies through the job contracting scheme are the most underpaid, neglected and oppressed among the country’s labor force. To jumpstart the debate on this assertion, let’s discuss the basic concepts in labor-only contracting and independent job contracting. [Update: see Legitimate Contracting / Subcontracting and Prohibition on Labor-only Contracting]

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Probationary Employment in the Philippines

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A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment. A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer. The word probationary, as used to describe the period of employment, implies the purpose of the term or period. While the employer observes the fitness, propriety and efficiency of a probationer to ascertain whether he is qualified for permanent employment, the probationer at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (Escorpizo vs. University of Baguio Faculty Education Workers Union, G.R. No. 121962 [1999])

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Reinstatement Pending Appeal: Waiting for the Pendulum to Swing

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(Published in Personnel Management Association of the Philippines [PMAP] IR Focus, Issue No. 6)

In many warm mornings on my way to the National Labor Relations Commission (NLRC), I would sometimes daydream of lounging on a beach somewhere, rather than confronting another labor-management conflict. As sure as the sun rises, however, sparks in the constant tug-of-war between labor and management are bound to arise. I have worked with both camps, so to speak, and I really have no problem with the bias of law in favor of labor. However, as the Supreme Court itself noted, this bias is not an excuse to kill the goose that lays the golden egg. Justice should always be for the deserving.

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Computation of Pay for Holidays: Regular, Special Non-Working, Special Working

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One of the more confusing matters, for employees and HR people alike, is the computation of holiday pay, complicated by the fact that there are different “kinds” of holidays. This is cleared by Memorandum Circular No. 1 of the Department of Labor and Employment (DOLE), the full text of which is reproduced and discussed below (added: see computation for double holidays). Continue reading →