Retrenchment or Redundancy?

Most often they were interchangeably used so I decided to differentiate them visually, easier for me to discern the difference.  This is for my own personal guidance as enunciated in a Supreme Court Ruling cited below.

R&R1

 

To complete the comparison, it’s better to include the rules recently provided by the Department of Labor and Employment.  It’s important to know the requirements of law before one can execute the decision to terminate based on Redundancy and Retrenchment. As stated under Department Order 147-15, to be a valid termination, the following must be present and complied with:

Redundancy

  1. There must be superfluous positions or services of employees;
  2. The positions or services are in excess of what is reasonably demanded by the actual requirements of the enterprise to operate in an economical and efficient manner;
  3. There must be good faith in abolishing redundant positions;
  4. There must be fair and reasonable criteria in selecting the employees to be terminated; and
  5. There must be an adequate proof of redundancy such as but not limited to the new staffing pattern, feasibility studies/proposal, on the viability of the newly created positions, job description and the approval by the management of the restructuring.

Retrenchment or Downsizing

  1. The retrenchment must be reasonably necessary and likely to prevent business losses;
  1. The losses, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or if only expected, are reasonably imminent;
  2. The expected or actual losses must be proved by sufficient and convincing evidence;
  3. The retrenchment must be in good faith for the advancement of its interest and not to defeat or circumvent the employees’ right to security of tenure; and
  4. There must be fair and reasonable criteria in ascertaining who would be dismissed and who would be retained among the employees, such as status, efficiency, seniority, physical fitness, age, and financial hardship for certain workers.

 

In addition, the following must also be complied with:

A. Payment of Separation Pay

 Redundancy –   at least one (1) month pay or at least one (1) month pay for every year of service, whichever is higher, a fraction of six (6) months service is considered as one (1) whole year.

Retrenchment  –  one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher, a fraction of six (6) months service is considered as one (1) whole year.

OTHER AUTHORIZED CAUSES which requires payment of separation pay:

Closure or Cessation of Business Operation not due to serious business losses – one (1) month pay or at least one-half (1/2) month pay for every year of service, whichever is higher, a fraction of six (6) months service is considered as one (1) whole year. Where closure is due to serious business losses or financial reverses, no separation pay is required.

Disease  -at least one (1) month salary or one-half (1/2) month salary for every year of service, whichever is higher, a fraction of six (6) months service is considered as one (1) whole year.

B. LAST IN FIRST OUT

In cases of installation of labor-saving devices, redundancy and retrenchment, the “Last-In, First-Out Rule” shall apply except when an employee volunteers to be separated from employment.

 [When there are two employees occupying the same position in the company affected by the retrenchment program, the last one employed will necessarily be the first to go (Maya Farms Employees Organization v. NLRC, G.R. No. 106256, December 28, 1994).]

C. DUE PROCESS (NOTICE)

The requirements of due process shall be deemed complied with upon service of a written notice to the employee and the appropriate Regional Office of the Department of Labor and Employment (DOLE) at least thirty days (30) before the effectivity of the termination, specifying the ground or grounds for termination.

Reference: SC Decision, DO 147-15

 

 

 

 

 

REGULAR HOLIDAY – 20 AUGUST 2012

Proclamation No. 455, s. 2012

 

MALACAÑAN PALACE
MANILA

 

BY THE PRESIDENT OF THE PHILIPPINES

PROCLAMATION NO. 455

DECLARING MONDAY, 20 AUGUST 2012, AS A REGULAR HOLIDAY THROUGHOUT THE COUNTRY IN OBSERVANCE OF EID’L FITR (FEAST OF RAMADHAN)

WHEREAS, Republic Act No 9177 declared Eid’l Fitr (Feast of Ramadhan) as a regular holiday throughout the country;

WHEREAS, Eid’l Fitr is celebrated by the Muslim World for three (3) days after the end of the month of fasting;

WHEREAS, to promote cultural understanding and integration, the entire Filipino nation should have the full opportunity to join their Muslim brothers and sisters in the observance and celebration of Eid’l Fitr;and

WHEREAS, in order to bring the religious and cultural significance of the Eid’l Fitr to the fore of national consciousness, it is necessary to declare Monday, 20 August 2012, as a regular holiday throughout the country.

NOW, THEREFORE, I, BENIGNO S. AQUINO III, President of the Philippines, by virtue of the powers vested in me by law, do hereby declare Monday. 20 August 2012, as a regular holiday throughout the country in observance of Eid’l Fitr (Feast of Ramadhan).

IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of the Philippines to be affixed.

Done in the City of Manila, this 13th day of August, in the year of Our Lord, Two Thousand and Twelve.

(Sgd.) BENIGNO S. AQUINO III

By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

very informative facts about tortilla

Foodimentary - National Food Holidays

Five Facts about Tortilla Chips

1. Most tortilla chips are triangular shaped because they are cut from round tortilla.

2. In Mexico, Tortilla Chips are called tostados, toasted chipsOutside of North America they are called “corn chips”

3. Doritos brand is the first toasted tortilla chip launched nationally in the U.S.(1966)

4. Tortilla chips are considered the most fattening item sold in Mexican restaurants with as much as 2 grams of fat per chip.

5. Nachos, chips topped with a variation of shredded cheese, salsa, sour cream, etc., are said to be created by Ignacia Anaya in 1943, account for 30% of all restaurant tortilla chips

Daily Quote:

“Why is it so hard to find an exercise bike with a basket for my tortilla chips?“~Roseanne Barr

Events of February 24

Today’s Food History

on this day in…

  • 1874 RIP John Bachman, A Naturalist who wrote some of the…

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3rd Philippine International PyroMusical Competition

The 3rd Philippine International PyroMusical Competition – 25 Feb 2012

Bayside, Mall of Asia Complex, Pasay City
Feb 25, 2012 07:00pmPlatinum Fireworks, Inc.
presents
The 3rd Philippine International PyroMusical Competition
Bayside, Mall of Asia ComplexAt SM Mall Of Asia, the sea and sky meet for the most breath-taking display of explosive colours and electrifying music, the world has ever seen!

SCHEDULE
11 Feb 2012 – South Korea and Malta
18 Feb 2012 – United Kingdom and Spain
25 Feb 2012 – Finland and Portugal
03 Mar 2012 – China and The Netherlands
10 Mar 2012 – Australia and Canada
17 Mar 2012 – Italy and Philippines

Get ready for the Brightest show on earth…starts at 7:00PM

PATRON WITH DINNER  *SOLD OUT Free Seating Php 1,500
VIP  *SOLD OUT Free Seating Php 500
GOLD Standing Php 300
SILVER Standing Php 100

2012 Philippine Hoildays

MALACAÑAN PALACE
MANILA
BY THE PRESIDENT OF THE PHILIPPINES
PROCLAMATION NO. 295
DECLARING THE REGULAR HOLIDAYS, SPECIAL (NON-WORKING) DAYS, AND SPECIAL HOLIDAY (FOR ALL SCHOOLS) FOR THE YEAR 2012

WHEREAS, Republic Act (RA) No. 9492, dated July 24, 2007, amended Section 26, Chapter 7, Book I of Executive Order (EO) No. 292, also known as the Administrative Code of 1987, by declaring certain days (specific or movable) as special or regular holidays;
WHEREAS, RA No. 9492 provides that holidays, except those which are religious in nature, are moved to the nearest Monday unless otherwise modified by law, order or proclamation;
WHEREAS, RA No. 9849 provides that the Eidul Adha shall be celebrated as a national holiday;
WHEREAS, the EDSA People Power Revolution, which restored and ushered political, social and economic reforms in the country, serves as an inspiration to Filipinos everywhere as a nation and as a people;
WHEREAS, on January 23, 2012, the Chinese nationals all over the world will celebrate Spring Festival, popularly known as the Chinese New Year, which is one of the most revered and festive events celebrated not only in China but also in the Philippines by both Chinese Filipinos and ordinary Filipinos as well; and the joint celebration is a manifestation of our solidarity with our Chinese Filipino brethren who have been part of our lives in many respects as a country and as a people; 23 January 2012 may be declared as a special (non-working) day without detriment to public interest;
WHEREAS, Friday, 2 November 2012, falling between Thursday, 1 November 2012 (All Saints Day) and Saturday, has been traditionally declared a special (non-working) day throughout the country;
WHEREAS, to give full opportunity to our people to properly observe All Saints Day with all its religious fervor which invariably requires them to travel to and from different regions in the country, Friday, 2 November 2012, may be declared as a special (non-working) day without detriment to public interest;
NOW, THEREFORE, I, BENIGNO S. AQUINO III, by virtue of the powers vested in me by the Constitution as President of the Philippines, do hereby declare:
SECTION 1. The following regular holidays and special days for the year 2012 shall be observed in the country:

A. Regular Holidays
New Year’s Day
Maundy Thursday
Good Friday
Araw ng Kagitingan January 1 (Sunday)
April 5
April 6
April 9 (Monday)
Labor Day
Independence Day
National Heroes Day
Bonifacio Day
Christmas Day
Rizal Day May 1 (Tuesday)
June 12 (Tuesday)
August 27 (Last Monday of August)
November 30 (Friday)
December 25 (Tuesday)
December 30 (Sunday)
B. Special (Non-Working) Days
Chinese New Year
Ninoy Aquino Day
All Saints Day
Additional special (non-working) day
Last Day of the Year January 23 (Monday)
August 21 (Tuesday)
November 1 (Thursday)
November 2 (Friday)
December 31 (Monday
C. Special Holiday (for all schools)
EDSA Revolution Anniversary
February 25 (Saturday)

SECTION 2. The proclamations declaring national holidays for the observance of Eid’l Fitr and Eidul Adha shall hereafter be issued after the approximate dates of the Islamic holidays have been determined in accordance with the Islamic calendar (Hijra) or the lunar calendar, or upon Islamic astronomical calculations, whichever is possible or convenient. To this end, the National Commission on Muslim Filipinos (NCMF) shall inform the Office of the President on which day the holiday shall fall.
SECTION 3. The Department of Labor and Employment (DOLE) shall promulgate the implementing guidelines for this Proclamation.
SECTION 4. This Proclamation shall take effect immediately.
SECTION 5. This Proclamation shall be published in a newspaper of general circulation.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the seal of the Republic of thePhilippines to be affixed.
Done in the City ofManila, this 24th day of November in the year of Our Lord, Two Thousand and Eleven.

(Sgd.) BENIGNO S. AQUINO III
By the President:
(Sgd.) PAQUITO N. OCHOA, JR.
Executive Secretary

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