Casual Employee

We hear about regular employees all the time. The Labor Code explicitly defines regular employment. However, casual employment is given a negative definition. That is, if you are not a regular employee, project employee, or a seasonal employee, then you are a casual employee.

This may be confusing. Casual employee simply means that you work is not usually necessary or desirable to the business of your employer.

Things get clearer by giving examples. A carpenter fixing some tables and chairs in a restaurant is a casual employee. A truck helper in a mall might be a casual employee. A janitor in a tech company is a casual employee. You get the drift.

Employees have better access to speedy justice during SENA

Enployees especially barely scraping by needs speedy closure to their labor problems.

Usually their claims are simple money claims like payment below minimum wage.

Under the Single Entry Approach, enployees can get their employers on thr table and air their grievances and claim what is due them.

Of course, this proceeding is just summary and works towards amicable settlement.

Nobody not even the hearing officer can coerce the parties to settle. But for claims that are rightfully due and not so substantial, SENA might just give employees speedy justice.

This is not to mention helping to clog the labor arbiters’ dockets.

Who has the burden to prove that the employee is entitled to overtime pay

Overtime work is not a day-to-day part of the employee duty. As a matter of fact, the law requires employees to work for only eight hours. There are specific instances provided by law when the employer can compel its employees to work overtime.

As a result of this situation, it is the employee’s burden to prove that they in fact rendered overtime work.

Retrenchment is a valid way to dismiss employees

Though today’s economy is far from declining, retrenchment is the least of our concern. After all, Retrenchment is dismissal of employees due to economic reasons. That means the employer company is experiencing financial losses.

But just because today’s economy is growing, tomorrow would be rosy.

Continue reading “Retrenchment is a valid way to dismiss employees”

When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence

As managerial employees, you have to gain the trust and condidence of your employer.

As stated in my previous post, a manager gives up rigid standards for his dismissal upon his promotion.

But is there instance when he cannot be dismissed? In other words, when is dismissal of a managerial employee based on loss of trust and confidence illegal?

Continue reading “When a Managerial Employee May Not Be Dismissed on the Ground of Loss of Confidence”

Termination of a Manager

A manager is someone who occupies a position that handles more than two employees in an establishment or a division.

Since being a manager connotes more responsibility, accepting a promotion to such entails that you surrender the rigid standards before you can be terminated. Unlike a rank-and-file employee, a manager can be dismissed based on loss of trust and confidence.

Thus, the standar is much loose as compared to an ordinary employee. If you are caught stealing, as long as there is a reasonable belieft that you committed or participated, you can be dismissed on this ground. You do not have to be proven guilty beyond reasonable doubt unlike in a criminal case.

You might think that this is too harsh. In a way it is, but the law provides guidelines. One of these is that there must be a basis for the loss of trust and confidence. The employer must not just act in an arbitrary and whismical way.

Opening of Mactan Airport Terminal 2 might just as well boost employment in Cebu

With terminal 2 of MCIA open, the hospitality business might just expand due to increase in tourist coming in.

The more hotels opening up, the employment growth will come. In other words, more people will get jobs.

With it, more labor relations problem will come. But considering the speedy disposition of labor cases in Cebu, problems get resolve quickly and employers and employees get on with their business.

I think DOLE can still absorb increase in employment and labor problems in Cebu, which is good because as they say justice delayed is justice denied.