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Showing posts from November, 2020

Regular Holiday and Special Non-working Day

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One of the many things that confuse a lot of people is the difference between a regular holiday and a special non-working day. While both are non-working days, there are differences in how they are handled. How Did the Holidays Come To Be? The initial list of the regular holidays (and two special non-working days) came about with the implementation of the Administrative Code of the Philippines by then President Cory Aquino. It was in the same code that the term "regular holiday" was made to mean the 10 (later became 12 by virtue of the RA 9492 and RA 9849) "legal holidays", while "special (non-working) days" were to mean the additional two special holidays. This was also reiterated in  Section 3 of the Omnibus Rules to Implement the Labor Code . What is a Regular Holiday? Currently, we have 12 regular holidays: New Year's Day - January 1 Araw ng Kagitingan (Day of Valor) - April 9 Maundy Thursday - Movable Date Good Friday - Movable Date Labor Day - M...

Defining Due Process

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When it comes to terminating employees, one of the things you have to be careful about is ensuring due process. What is Due Process? According to trusty, ol' Wikipedia , " Due process is the legal requirement that the state must respect all legal rights that are owed to a person. Due process balances the power of law of the land and protects the individual person from it. When a government harms a person without following the exact course of the law, this constitutes a due process violation, which offends the rule of law." In layman's terms, due process is the assurance or protection that there is some amount of legal process that protects any individual from some action that may be taken by the state. In corporate parlance, due process refers to the protection afforded employees, assuring them of a legal process for actions that may be taken by the employer. Due Process and the Philippine Labor Code When it comes to disciplinary actions, the Labor Code re...