Category Archives: HR & Labor

Assistance for Displaced / Disadvantaged Workers under the DOLE TUPAD Program

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The Tulong Panghanapbuhay sa Ating Displaced/Disadvantaged Workers Program (TUPAD) is one of the programs of the Department of Labor and Employment (DOLE) which aims to contribute to poverty reduction and inclusive growth. It is a community-based (municipality/barangay) package of assistance that provides temporary wage employment for the displaced workers, unemployed and self-employed workers. (Added: This is now part of the social amelioration programs under the Joint Memorandum Circular No. 1; see List of Social Amelioration Programs).

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Telecommuting and Work: Primer on the Telecommuting Act (Republic Act No. 11165)

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The enhanced community quarantine or lockdown imposed by the government to mitigate the contagion of the Coronavirus Disease 2019 (Covid-19) brings to fore a number of laws which, on hindsight, could have been passed in anticipation of this kind of scenario. One is the 2019 law on public health emergencies. Another is the 2018 law on telecommuting, including alternative work-from-home arrangements.

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5,000 Pesos Assistance for Workers under the COVID-19 Adjustment Measures Program (CAMP)

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The COVID-19 Adjustment Measures Program (CAMP) is a safety net program, available nationwide, that offers financial support to affected workers in private establishments that have adopted flexible work arrangements or temporary closure during the COVID-19 pandemic. The CAMP shall be effective on 21 March 2020, but applied retroactively from January 2020. [Added: This is now part of the social amelioration programs under the Joint Memorandum Circular No. 1; see List of Social Amelioration Programs and Non-Duplication of SBWS, CAMP and SAP].

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Suspension of Work in the Private Sector by Reason of Natural or Man-Made Calamity (DOLE Advisory No. 1, series of 2020; full text)

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[This is the full text of Department of Labor and Employment Advisory No. 1, series of 2020, on the suspension of work in the private sector by reason of natural calamity or man-made calamity. Incidentally, President Rodrigo Duterte President Rodrigo Duterte issued Proclamation No. 929, declaring a state of calamity throughout the Philippines due to the coronavirus 2019 disease (Covid-19).]

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Guidelines on Flexible Work Arrangements (Labor Advisory No. 9): Full Text

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[On 4 March 2020, the Department of Labor and Employment (DOLE) issued Labor Advisory No. 9, series of 2020, providing for the guidelines on the implementation of flexible work arrangements as remedial measure due to the ongoing outbreak of the coronavirus disease 2019 (COVID-19). See Summary/Discussion. The full text of Labor Advisory No. 09 is reproduced below.]

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Contracting and Subcontracting is Allowed in the Philippines: Regulatory Framework

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The law allows contracting or subcontracting, which refers to an arrangement whereby a principal agrees to farm out to a contractor the performance or completion of a specific job or work within a definite or predetermined period, regardless of whether such job or work is to be performed or completed within or outside the premises of the principal. What the law prohibits is labor-only contracting. Until the Labor Code is amended, contracting or subcontracting will remain to be allowed in the Philippines. 

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Proclamation No. 845 (full text): Declaring the Regular and Special National Holidays for 2020

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[On 15 November 2019, Malacanang issued Proclamation No. 845, declaring the regular holidays and special non-working days for 2020. Here is the full text of Proclamation No. 845.]

PROCLAMATION No. 845

DECLARING THE REGULAR HOLIDAY AND SPECIAL (NON-WORKING) DAYS FOR THE YEAR 2020

WHEREAS, Republic Act (RA) No. 9492 dated 24 July 2007, amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days (specific or movable) as special or regular holidays;

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Willful Disobedience: Just Cause in Employment Termination

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Article 297(a) of the Labor Code covers two just causes, serious misconduct and willful disobedience (the former ground is discussed in a separate post). Employees in the Philippines enjoy security of tenure. Under the Labor Code, no employee may be terminated or dismissed, except for just or authorized causes. The employer has the burden of proving, among others, that the facts support the elements of the cause used by the company to justify the employment termination. Each ground has specific elements. It is important, therefore, for management, or at least the HR staff, to be familiar with these factors. 

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