Project Employees: Specific Project or Undertaking. While the Philippine Labor Code acknowledges project employment, Supreme Court decisions has placed limitations. If certain conditions are met, project employees will be deemed regular employees.
Regular Employees: Usually Necessary or Desirable. An employment arrangement is not what the parties say it is, but what the law says it is. Philippine Labor Law says that a regular employee is one who performs activities which are usually necessary or desirable in the usual trade or business of the employer.
Fixed-Term Employees: Agreed Period of Employment. While the Philippine Labor Code does not enlist fixed-term employment, it has been recognized via jurisprudence in the case of Brent School v. Zamora.
Casual Employees: Incidental and 1 Year. The Philippine Labor Code is emphatic on the difference between a regular employee and a casual employee. As a direct opposite of the regular employee, a casual employee performs activities which are incidental only and for a period not exceeding 1 year.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
Regular Employees: Usually Necessary or Desirable. An employment arrangement is not what the parties say it is, but what the law says it is. Philippine Labor Law says that a regular employee is one who performs activities which are usually necessary or desirable in the usual trade or business of the employer.
Fixed-Term Employees: Agreed Period of Employment. While the Philippine Labor Code does not enlist fixed-term employment, it has been recognized via jurisprudence in the case of Brent School v. Zamora.
Casual Employees: Incidental and 1 Year. The Philippine Labor Code is emphatic on the difference between a regular employee and a casual employee. As a direct opposite of the regular employee, a casual employee performs activities which are incidental only and for a period not exceeding 1 year.
What is Control in Contracting and Subcontracting?JDP Consulting
The one who controls is the employer. DOLE D.O. 174-17 clearly emphasizes that a contractor who does not actively control the performance of the assigned personnel will be considered to be engaged in labor-only contracting. In such a case, the Principal shall be deemed the employer. Accordingly, the Principal may be held liable for monetary claims, and even illegal dismissal.
The LABOR CODE made EASY (by Atty. PoL Sangalang)PoL Sangalang
The LABOR CODE made EASY (by Atty. Apollo X.C.S. Sangalang).
This is the slide presentation of Atty. PoL Sangalang in his talk at the event "LAW AND ORDER: Enhancing Knowledge On The Labor Code Of The Philippines" organized by the Thomasian Junior Association for People Management of the University of Sto. Tomas - Human Resources Development Management (UST-HRDM) on September 20, 2013 at the Albertus Magnus (Education) Auditorium, UST Campus, Manila.
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
Seasonal Employees: Duration of a Season. The Philippine Labor Code acknowledges seasonal employment. Through Supreme Court decisions, regular seasonal employment was recognized as a hybrid of regular and seasonal employees.
Probationary Employees: Probation Period and Standards. Philippine Labor Law is strict on the rules of probationary employment. Non-compliance thereof will result in regular employment.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
F.U.N. slides Family and Medical Leave Act (FMLA)gwhumanresources
GW Human Resources provides F.U.N. Slides (Facts Understood Now Slides) on Human Resources & HR Compliance. F.U.N. Slide on FMLA http://gwhumanresources.com/slides/
Seasonal Employees: Duration of a Season. The Philippine Labor Code acknowledges seasonal employment. Through Supreme Court decisions, regular seasonal employment was recognized as a hybrid of regular and seasonal employees.
Probationary Employees: Probation Period and Standards. Philippine Labor Law is strict on the rules of probationary employment. Non-compliance thereof will result in regular employment.
Illegal Dismissal: Consequences for No Due Process. Philippine Labor Law emphasizes the importance of observing due process in case of employee termination. If due process is not observed, the employer could be held liable for illegal dismissal which carry the following consequences: full backwages, reinstatement, separation pay, moral damages, exemplary damages, nominal damages, attorney's fees, joint and solidary liability.
Procedural Due Process: Step by Step Procedure. Whether an employee is dismissed for just cause or authorized cause, the employer is required to observe procedural due process or the step-by-step procedure. Procedural due process is an aspect of due process.
Just Causes: Valid Grounds for Dismissing an Employee. The Labor Code authorizes the employer to dismiss an employee based on just causes: serious misconduct, willful disobedience (insubordination), gross and habitual neglect of duties, fraud, willful breach of trust, loss of confidence, commission of a crime or offense, analogous cause, gross inefficiency. Just cause is part of substantive due process in Philippine Labor Law.
Pag-IBIG Benefits: Home Development Mutual Fund. Employees who can avail of housing loans as one of their Pag-IBIG Benefits from the Home Development Mutual Fund.
Authorized causes: Valid grounds for downsizing the workforce. The Philippine Labor Code allows the employer to downsize its workforce based on authorized causes: installation of labor-saving devices, redundancy, retrenchment, closing of business, and disease. Authorized cause is part of substantive due process in Philippine Labor Law.
Special Leave for Women: 2 months. For women employees who have undergone surgery for gynecological disorders, Philippine Labor Law grants them a 2-month special leave to recover.
Separation Pay: Authorized Causes. When an employee is separated due to authorized causes, Philippine Labor Law requires that the employer provide for separation pay.
Employee Benefits: Legally Mandated to be Given. As a general labor standard, Philippine Labor Law requires payment of Employee Benefits by the employer and the government. These are referred to as Statutory Monetary Benefits because they are legally mandated to be given.
PhilHealth Benefits: National Health Insurance Program. Philippine Labor Law requires employers to contribute for the health insurance coverage of their employees through PhilHealth.
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Maurice Blackburn provided union lawyers and industrial officers with the opportunity to gather CPD points with content that was relative to their industries. Presenters include Barristers Bob Reed and Cate Hartigan, and Maurice Blackburn Employment and Industrial Section Principal Giri Sivaraman.
Paper presented at 29 World Continuous Auditing and Reporting Symposium, Brisbane, 21-22 November 2013.
Paper available at http://www.governatori.net/papers/2013/wcars2013support.pdf
ABSTRACT: In this paper we propose an ITC (Information and Communication Technology)
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The MTL Professional Development Programme is a collection of 202 PowerPoint presentations that will provide you with step-by-step summaries of a key management or personal development skill. This presentation is on "The Rules of Fair Dismissal" and will give you an overview of what you need to know to carry out dismissals fairly, effectively, and swiftly.
Data Privacy - Penalties for Non-ComplianceJDP Consulting
Stiff penalties are provided in the Philippine Data Privacy Law for non-compliance
Summary:
1) Data Privacy Law has severe penalties for non-compliance.
2) Penalties are harsher when violations involve sensitive personal information compared to personal information.
3) Public officers and employees, as well as private individuals who are responsible officers in juridical entities, are made liable.
4) The law provides for a combination or series of acts that could result in increasing the penalty.
5) Maximum penalty is imposed for large scale offense when at least 100 persons are harmed, affected, or involved.
Data Privacy- Security of Sensitive Personal InformationJDP Consulting
Data Privacy Law applies to Government Agencies, particularly for the security of sensitive personal information.
Summary:
1) Data Privacy Law applies to Government Offices.
2) Heads of Agencies are the ones primarily responsible for compliance.
3) Security clearance is required for Government Employees who are accessing sensitive personal information.
4) A request approved by the Head of the Agency is required prior to transportation or access off-site of sensitive personal information.
5) NPC registration is required for Government Contractors for contracts involving access or requiring senstive personal information from at least 1,000 individuals.
Data Privacy - Security of Personal InformationJDP Consulting
Philippine Data Privacy Law (R.A. 10173) requires observance of Security of Personal Information.
Summary of Presentation:
1) Security of Personal Information is mandated of Personal Information Controller and their engaged Contractors (or 3rd Parties).
2) The standards for protection measures are two-fold: reasonable and appropriate.
3) Measures should be organizational, physical, and technical.
4) Strict confidentiality is required to be observed by: PIC Employees, PIC Agents, and PIC Representatives.
5) Notification requirement is mandated upon compromise of sensitive personal information and identity-fraud enabler information.
The Rights of the Data Subject encompasses all rights or interests over to personal information that has been collected, processed, and analyzed. Non-compliance with the rights results in liabilities, particularly on indemnity for damages.
Philippine Data Privacy Law is in Republic Act No. 10173, otherwise known as the " Data Privacy Act of 2012".
In summary:
1) Processing of personal information is allowed – so long as it complies with the law.
2) As much as possible, consent should be obtained from the Data Subject for the processing of personal information.
3) The confidentiality, integrity, and availability of the personal information should be ensured.
4) Sensitive and personal information are prohibited – unless in exceptional cases.
5) Philippine Data Privacy Law has extraterritorial application and thus violations may be penalized even if done outside the Philippines.
Philippine Contract Law and Intellectual Property Law serve as the applicable laws on Franchising. Currently, there is no specific law on Franchising that regulates the agreements between the Franchisor and the Franchisee.
Labor Code: Unfair labor practices are violations of the constitutional rights of workers and employees to self-organization. These illegal practices are considered inimical to the legitimate interests of both labor and management. These unfair practices are likewise prejudicial to the labor and management’s right to bargain collectively, and otherwise deal with each other in an atmosphere of freedom and mutual respect. These practices disrupt industrial peace and hinder the promotion of healthy and stable labor-management relations.
The Department of Labor and Employment clarified and modified the rules and regulations on just causes and authorized causes - resulting in stricter implementation of due process. Labor Law compliance is required for valid termination. Non-compliance may result in liabilities, including illegal dismissal.
Rules on Contracting and Subcontracting in the Philippines: When is there a legitimate job contracting?
DOLE D.O. 174-17 superseded DOLE D.O. 18-A-11. Permissible job contracting still and remains allowed in the Philippines subject to stricter regulations and harsher consequences for the Principal who is deemed as the employer in various instances.
Learn the differences in this slide presentation
ECC Benefits: Employees' Compensation Program. Unknown to many employers and employees, there are ECC benefits granted to employees in the event of work-related illness, injury, and death.
Retirement Pay: Optional and Mandatory. Philippine Labor Law requires payment of retirement for employees who have rendered at least 5 years of service and are in their 60s (optional) and no more than 65 years old (mandatory).
VAWC Leave: 10 Days and Extendible. Philippine Labor Laws grants a woman employee subject of violence a 10-day VAWC leave to attend to medical and legal concerns. Currently, this is the only extendible leave among the benefits.
Solo Parental Leave: 7 working days. To attend to minors or wards, Philippine Labor Law grants solo parents a parental leave of 7 working days. The employee does not have to be the biological parent of the child or ward.
Paternity Leave: 7 Calendar Days. Philippine Labor Law grants married male employees a paternity leave consisting of 7-calendar days to attend to the their legitimate wife whom they are cohabiting and is about to or have given birth.
Service Incentive Leave: Vacation and Sick Leaves. By way of incentive to years of service, the Philippine Labor Code requires the employer to give a 5-day service incentive leave to the employees who have rendered at least one year of service.
Service Charges: Pooled Tips. If an establishment collects services charges, the Philippine Labor Code requires that such amounts be distributed to the covered employees and the management. The same rules apply for pooled tips.
Night Shift Differential Pay: Work Between 10PM and 6AM. The Philippine Labor Code requires payment of Night Shift Differential for work rendered in between 10PM and 6AM. This is also known as hazard pay in the business or corporate world.
Overtime Pay: Work After 8 Hours. The Philippine Labor Code requires payment of overtime pay for covered employees who worked for more than 8 hours. Not all employees are entitled to this benefit.
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Car Accident Injury Do I Have a Case....Knowyourright
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ALL EYES ON RAFAH BUT WHY Explain more.pdf46adnanshahzad
All eyes on Rafah: But why?. The Rafah border crossing, a crucial point between Egypt and the Gaza Strip, often finds itself at the center of global attention. As we explore the significance of Rafah, we’ll uncover why all eyes are on Rafah and the complexities surrounding this pivotal region.
INTRODUCTION
What makes Rafah so significant that it captures global attention? The phrase ‘All eyes are on Rafah’ resonates not just with those in the region but with people worldwide who recognize its strategic, humanitarian, and political importance. In this guide, we will delve into the factors that make Rafah a focal point for international interest, examining its historical context, humanitarian challenges, and political dimensions.
A "File Trademark" is a legal term referring to the registration of a unique symbol, logo, or name used to identify and distinguish products or services. This process provides legal protection, granting exclusive rights to the trademark owner, and helps prevent unauthorized use by competitors.
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Synopsis On Annual General Meeting/Extra Ordinary General Meeting With Ordinary And Special Businesses And Ordinary And Special Resolutions with Companies (Postal Ballot) Regulations, 2018
2. Project Employee
Article 294, Labor Code: “… where the employment has been fixed for a
specific project or undertaking the completion or termination of which
has been determined at the time of the engagement of the employee…”
Citation: Article 294, Labor Code
3. Limitations to Project Employment
When a project employees may become regulars
A project employee or a member of a work pool may acquire the status
of a regular employee when the following concur:
1) There is a continuous rehiring of project employees even after
cessation of a project; and
2) The tasks performed by the alleged project employee are vital,
necessary and indispensable to the usual business or trade of the
employer.
Citation: Maraguinot, Jr. v. Viva Films, G.R. No. 120969, 22 January 1998
4. Case Law
Maraguinot, Jr. v. Viva Films (1998)
• After 23 projects, the project employee (electrician) filed a complaint for illegal
dismissal against the company after being dismissed.
HELD: The project employee was deemed a regular.
• “… the [project employee] was employed for some three (3) years and worked on at
least twenty-three (23) projects. Moreover, [his] tasks involved, among other chores,
the loading, unloading and arranging of movie equipment in the shooting area as
instructed by the cameramen, returning the equipment to the Viva Films warehouse,
and assisting in the fixing of the lighting system, it may not be gainsaid that these
tasks were vital, necessary and indispensable to the usual business or trade of the
employer. As regards the underscored phrase, it has been held that this is ascertained
by considering the nature of the work performed and its relation to the scheme of the
particular business or trade in its entirety.”
Citation: Maraguinot, Jr. v. Viva Films, G.R. No. 120969, 22 January 1998
5. For more information:
Labor Law Compliance
Best Practices for Human Resource
www.laborlaw.ph
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8. Training & Workshops
Join us for training sessions on these topics:
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