Due Process in Labor Proceedings
Dismissal of regular employees by the employer requires the observance of the two-fold due process, namely: (1) substantive due process; and (2) procedural due process.
Dismissal of regular employees by the employer requires the observance of the two-fold due process, namely: (1) substantive due process; and (2) procedural due process.
Employers shall safeguard the social security protection of their employees and ensure compliance with the Social Security Act of 2018 (Republic Act No. 11199) as well as its Implementing Rules and Regulations.
A qualified employee infected with COVID-19 may claim sickness benefit from the SSS in the form of daily cash allowance for the number of days he/she cannot work due to sickness or injury.
Management prerogatives are included in the constitutional blanket of rendering protection not only to labor, but also to the right of employers, so long as it does not abuse its discretion.
“Omission of past employment is not a just cause to terminate an employee,” the Supreme Court has held in the recent case of Nancy Claire Celis v. Bank of Makati (G.R. No. 250776, June 15, 2022).
All covered female workers in government and the private sector, including those in the informal economy, regardless of civil status or the legitimacy of her child. (Section 3, R.A. No. 11210)
In light of technological development that has opened up new and alternative avenues for employees to carry out their work, and to optimize the benefits of technology, employers and employees are encouraged to jointly adopt and implement telecommuting programs.
Medical Malpractice
Under the law, any person who shall practice medicine in the Philippines without having obtained the proper certificate of registration issued by the Board of Medical Examiners shall be considered as guilty of medical malpractice.
Republic Act No. 9502 or the Universally Accessible Cheaper and Quality Medicines Act of 2008 was created in order to protect public health and, when the public interest or circumstances of extreme urgency so require, it shall adopt appropriate measures to promote and ensure access to affordable quality drugs and medicines for all. (Section 2, Republic Act No. 9502)
According to DOLE’s Labor Advisory No. 18, private establishments should comply with DOH’s memo on the updated guidelines for COVID-19.