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Additional Maternity Leave of Thirty (30) Days Without Pay under Republic Act No. 11210

Republic Act No. 11210, also known as the Expanded Maternity Leave Law, grants covered female workers in both government and private sectors, including those in the informal economy, a total of 105 days of maternity leave with full pay. Additionally, it provides an option to extend the maternity leave for an additional thirty (30) days without pay.

Is Conflict of Interest a Just Cause of Dismissal?

Implicit in the contract of employment is the undertaking that the employee shall be faithful to the interest of the employer during the term of the employment. When an employee deliberately acquires an interest adverse to his employer, he is disloyal, and his discharge is justified. (Elizalde International vs. CA, G.R. No. L40553, February 26, 1981)

Gross and Habitual Neglect of Duties

An employer may terminate an employment for gross and habitual neglect by the employee of his duties. (Article 297, Labor Code)

Gross neglect is defined as the absence of that diligence that an ordinary prudent man would use in his/her own affairs. (Section 4, par. j, Rule I-A, DOLE D.O. No. 147-15)

Habitual neglect refers to the repeated failure to perform one’s duties over a period of time, depending upon the circumstances. (Section 4, par. k, Rule I-A, DOLE D.O. No. 147-15)

Refusal to Render Overtime Work – When Considered Willful Disobedience?

Any employee may be required by the employer to perform overtime work when there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature. (Article 89 (c), Labor Code of the Philippines)

Award of Separation Pay

Separation pay refers to the compensation given to an employee who is terminated from employment due to authorized causes provided in Articles 298 and 299 of the Labor Code of the Philippines.

An employee’s entitlement to separation pay depends on the ground for his/her termination.

Where the termination of an employee is for authorized causes, separation pay is due.