Separation pay for employees who have not returned to work since March 17, 2020 – ECQ after 6 months?

Article 301 (286) of the Labor Code allows for bona fide (good faith) suspension of business operations for a period not exceeding six (6) months. After 6 months, the employer has two (2) options: (a) recall or (b) permanently retrench employees.Bona fide suspension of business operations is employer-initiated, voluntary, and for legitimate business reason. Thus, … Continue reading Separation pay for employees who have not returned to work since March 17, 2020 – ECQ after 6 months?

Distributed work for Filipino employees in the Philippines

Matt Mullenweg of WordPress first introduced me to the concept of distributed work a few years back. My first impression was it was another way of describing work from home. You know, new terminology, same old concept. Then, I encountered a separate article in WordPress with an interactive worldmap showing locations of their people working … Continue reading Distributed work for Filipino employees in the Philippines

Where is Management Prerogative in Covid-19 discussions on employment?

From lawmakers to the DOLE, discussions and issuances clearly show lack or little understanding on management prerogative. Management prerogative is the general rule. Labor laws and regulations are the exception. Even the Supreme Court acknowledges that management prerogative is an INHERENT RIGHT of the employers. No law is needed to grant that right. In fact, … Continue reading Where is Management Prerogative in Covid-19 discussions on employment?