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Just Cause Procedure

The procedure just cause requires observance of these 3 steps: 1) 1st Written Notice (a.k.a. Notice to Explain); 2) Ample

Confidentiality or NDA

Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential

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Consequences of illegal dismissal

Consequences of illegal dismissal 1. Concept The following are the possible consequences for illegal dismissal: 1) Full Backwages 2) Reinstatement

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Due Process 101

1. Concept Due process is essentially the opportunity to be heard. The very essence of due process is reflected in

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No at-will employment

At-will employment is neither recognized nor permitted under Philippine Labor Law. What is at-will employment? At-Will employment is when an

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Key Topics

Labor Standards

Overtime Pay

Summary ▪ Overtime pay is an additional pay of 25% of the hourly rate for work done in excess of

13th Month Pay

Summary ▪ P.D. 851 is the legal basis for 13th month pay. ▪ The 13th month pay is given to

Due Process

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Cases: Fraud

1. Conviction of a crime In Concepcion v. Minex Import Corporation, the rule was reiterated that conviction was not required

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Cases: Serious Misconduct

Summary 1. Sexual Harassment 2. Violation of Company Policy 3. Drunken behavior 4. Drug use in the workplace 5. Theft

Regulated Industries

Private Security

Contractor or Subcontractor

Summary ▪ A contractor or a subcontractor is registered with the Department of Labor and Employment (DOLE) as legitimate job

Contractor’s employees

Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s

DO-174 Contracting

DO-174 Semi-Annual Reports

Summary DO-174 contractors are required to submit twice a year a report to DOLE. Applicable laws, regulations DOLE Department Order

Control in Contracting

Summary ▪ Controlling an employee is one of the rights and powers of the employer. ▪ As the employer., the

Principal in Contracting

Summary ▪ Principal is the one who farms out or outsources a job or work in a contracting and subcontracting

Contractor’s employees

Summary ▪ The employees of a contractor or a subcontractor may be deployed personnel or administrative personnel. ▪ The contractor’s

Overseas Employment

Employer's Rights

Management Prerogative

Management Prerogative

1. Summary ▪ Management prerogative is the inherent right of the employer to regulate all aspects of employment. ▪ There

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