Proclamation No. 455, s. 2012
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.
For abandonment to exist, it is essential (a) that the employee must have failed to report for work or must have been absent without valid or justifiable reason; and (b) that there must have been a clear intention to sever the employer-employee relationship manifested by some overt acts. The employer has the burden of proof to show the employee’s deliberate and unjustified refusal to resume his employment without any intention of returning. Mere absence is not sufficient. There must be an unequivocal intent on the part of the employee to discontinue his employment. It is a settled rule that failure to report for work after a notice to return to work has been served does not necessarily constitute abandonment. The intent to discontinue the employment must be shown by clear proof that it was deliberate and unjustified. In this case, petitioner- corporation failed to show overt acts committed by respondents from which it may be deduced that they had no more intention to work. Respondents’ filing of the case for illegal dismissal barely four (4) days from their alleged abandonment is totally inconsistent with our known concept of what constitutes abandonment. (E.G. & I. Construction Corporation vs. Sato, et. al., G.R. No. 182070, February 16, 2011) Continue reading “2011 Supreme Court Decision (Labor )”
SM Supermalls will have another sale event this coming week. You can avail of up to 70% discount on selected great items plus you can have a chance to win Asus Laptop from Aug 3,4 & 5, 2012, . A total of 15 winners can win this very interesting treat from SM . The SM Supermalls 3-DAY SALE will happen on the following SM shopping malls:
SM City Sta. Mesa – http://www.facebook.com/SMCityStaMesa?ref=ts
SM Center Valenzuela – http://www.facebook.com/smcentervalenzuela?ref=ts
SM City Masinag – http://www.facebook.com/smmasinag?ref=ts
SM City Calamba – http://www.facebook.com/smcalamba?ref=ts
SM City Tarlac – http://www.facebook.com/smcitytarlac
You may want to visit SM’s facebook fan page for more details.
BISTRO Triple Treat
Just Text BISTRO50 FULL NAME EMAIL to 09178084114 to get the mobile coupon and avail of this promo.
- Upon effectivity of the order, 16 July 2010, all gift checks/ certificates/ cards issued must bear a date of issue and an expiry of two (2) years.
- Starting 01 July 2012, all suppliers, issuers, distributors and sellers are prohibited to issue and/or sell gift certificates/check/cards with an expiry date.
- Gift certificates/checks/cards that are distributed to consumers under awards, loyalty or promotional programs are not covered.
- All gift checks/certificates/cards with no expiry dates shall be redeemable until used by the bearer.
- Holders of unused and unexpired gift check/ certificates/ cards after June 30, 2012 shall be entitled to replacement after revalidation by suppliers.
- Terms and conditions of unused gift checks/ certificates/ cards issued before the effectivity of this order shall be honored; but those bearing expiry dates beyond June 30, 2012 shall be subject to revalidation or replacement.
- Goods and services that are paid with gift certificates/check/card are qualified in promotional sales activities, loyalty programs, warranties, return policies for cash purchases, and discounts for senior citizens/persons with disability.
- The suppliers cannot be held liable for gift certificates/ checks/ cards under that are:
(b) mutilated or defaced due to no fault of the supplier and such damage prevents the supplier from identifying the security and authenticity features thereof.
The SM City North EDSA will once again delight you with their enticing offers and promo. You can avail of up to 70% discount on selected brands at SM City North EDSA’s Great Northern Sale on July 13, 14 & 15, 2012. See you there!
You can go to their facebook fan page for more details:www.facebook.com/smnedsa
The provision of the Philippine Labor Code pertaining to Probationary Employment can be found under Article 282 which states:
Art. 282. Probationary Employment. — Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after probationary period shall be considered a regular employee.’
The issue is whether or not employers can extend the 6 months provision of law on probationary employment.
Based on the following Supreme Court Decision probationary employment can be extended:
MARIWASA MANUFACTURING,INC vs.
HON. VICENTE LEOGARDO, JR., in his capacity as Deputy Minister of Ministry of Labor and Employment judgment,
G.R. No. 74246 January 26, 1989
By voluntarily agreeing to an extension of the probationary period, Dequila in effect waived any benefit attaching to the completion of said period if he still failed to make the grade during the period of extension. The Court finds nothing in the law which by any fair interpretation prohibits such a waiver. And no public policy protecting the employee and the security of his tenure is served by prescribing voluntary agreements which, by reasonably extending the period of probation, actually improve and further a probationary employee’s prospects of demonstrating his fitness for regular employment.
Will find more relevant jurisprudence on my next post.