Topic Suggestion for Weekly Show

With regards to the new policy released by DOLE about Final Pay. What if the employee did not complete his/her clearance due to AWOL and went back to get his final pay? Should we still release his final pay within 30 days after the effectivity date of his resignation even if he did not complete the 30 days? If the policy says that the final pay should be released 30 days after the date of separation, and the employee did not complete his clearance, isn’t it unfair for the employer if we still release the final pay? How much can we deduct the employee if he did not complete the 30 days rendering? Also, lately we issue final pay through bank deposit and the documents should be signed via Docusign. Questions are: can we have them sign the documents online? Can we give the final pay personally thru cheque and hold the said cheque if the resigned/terminated employee did not claim it personally in the office?

This will be helpful for the HR professionals and leaders on how would they manage employees with pending admin cases who would like to resign while their case is still ongoing. Should the leaders/HR consider/accept the resignation? What if the disciplinary action given is suspension and the suspension will end after the effectivity of the resignation? How would the HR/Leaders handle this?

Hello po. So me and my husband can borrow each other’s phone and we don’t have that issue and was expecting all the mag asawas are like that too then my friend got shocked when she knew about our phone thing with my husband. Turns out, she can’t borrow her husband’s phone, she can’t open his phone too. My take is they basically saw every inch of another so I don’t think there’s anymore to hide from the other (as husband and wife I mean) privacy is one thing, secrecy is another. In the legal side, what is your take on this? Thank you.

To ensure no provision of the Data Privacy Act is violated, please advise the extent of information that a previous employer may disclose about a separated employee during employment verification or background checks? Is a Letter of Authorization from concerned employee a requirement before an employment verification be entertained? Thanks!

Code of Discipline is a set of rules and regulations with corresponding sanctions or penalties when violated. It is the law that protects the welfare of both the employees and the management similar to the law of the Philippines. We had it drafted, especially the terminable offenses, based on the Labor Code of the Philippines and the criminal offenses. Since it is very important on the good foundation of the company and its employees, employers should srupulously establish the sanctions and it should always be reviewed. What are the things that would guide us on establishing a Code of Discipline both for start-ups and for companies with existing one? I believe this would help a lot on most of the companies.

This is useful for HR practitioners as to how to process demotion on employee. Is it legal or how do we impose without going into litigation.

Is it legal for a company to put a clause in the contract which says "an employee which do not finish his/her contract will be sued", like it would be impossible for the employee to resign? For instance, the contract is good for 3 years, then after 1 year, the employee wants to resign, but is intimidated due to the clause.

I just want to clarify things regarding my resignation. My employer ask me to that I should do a reporting tomorrow to the board of directors because my manager can’t report it am I allowed to decline because I am just an associate. Second should I just do my turnover and clearance during this period and not do the business as usual because I already have a replacement. Thank you for answering I rally need some advice

If probationary employee needs more training or evaluation, can management extend the probationary period? What needs to be done to do this?

Hi Attorney. Our company has been giving Mid-Year bonuses, Year-End bonuses, and HMO benefits to all employees since 2012. Last year, after the President declared a state of calamity throughout the country, our company eliminated the above-mentioned benefits and informed us that those benefits were only given by them voluntarily. Was their action legal and in accordance with our labor laws? I am an HR practitioner and this issue has been raised to the management a few times, however, they are reluctant in addressing this issue to us. I hope you can help enlighten us. Thank you in advance, Attorney! God bless!

Hi Atty. Erwin, I'm planning to put up a small construction business and I want to make sure that before I do, I have everything ready - and the only way I can be sure of that is if I hire a lawyer. I'm worried though since I do not know how much money do I need to spend for a lawyer and for there retainer's fee.

i am currently working for my employer for a week now,since we agreed that the 1st month will be a trial period if and will decide if im ok with the company set up then we will proceed to proper employment contract the next month after. there is no proper turnover of the reports and documents so i have to get the details my way.im still learning the processes and reporting.my boss asked me to go to the bank and deposit her personal check.another thing is that she issued me a company memo stating that i failed to follow her instructions.and lastly,my position is finance admin for 3 different companies under 1 employer. my questions are: 1.if an accident happened outside office but during office hours is the company liable for it?like the one i mentioned,i was asked to go to the bank without employment yet. 2.should i accept the memo given to me? 3.how should be my salary and wages for multiple job under 1 employer thank you very much

Will help resigning employees in deciding whether to push thru with leaving because they know what they will be entitled to. Original question was from Ellen R. consolidated questions are below: Atty. Pwede ba ako magdemand ng separation pay. Sa loob ng 6 years of service ko. Thank you Atty. May k ba ako sabihin sa anak ng alaga ko na bigyan nia ako ng separation pay sa loob ng 6 years kong pagtatrabaho as a caregiver sa mother nia? Salamat atty. Pls give me an.advice Atty. I submitted.my resignation letter and signed already this 11 of september. Can i ask also regarding my separation pay ? Atty. The reason why i resigned is that. My pt. Was sick of a covid pneumonia and hospitalized for almost 2 weeks in mkatimed isolation room. I was also there when my pt. Admitted. And we had swab test and is positive. After 4 days i was on duty. The dr said that i need to rest to go to quarantine facility. After 4 days in isolation room. Narescue ako ng taga makati health department for quarantine for 8 days na wala namn akong sintomas kht isang sintomas ng covid.

Can the Employer have a rights to file a case to an employee if the employee file a case in DOLE in the philippines. If the employee process his clearance after the termination? And the Employer did not pay the last payment of the employee in the prescribed Days given in the Labor code?

Can the employer still sue the employee after termination? This with regards to alleged fraud and wrong doing employee kaya sya naterminate and still the employer files a case against the employee. What will be the chances of the employer and the employee?