Labor disputes

“Labor dispute” – includes any controversy or matter concerning terms and conditions of employment or the association or representation of persons in negotiating, fixing, maintaining, changing or arranging the terms and conditions of employment, regardless of whether the disputants stand in the proximate relation of employer and employee. 1. Concept “Labor dispute” – includes any […]

Post-employment  restrictions

1. Concept “Post-employment restrictions” – refer to limitations imposed on former employees after exiting employment in relation to their next work or business, as well as what they can say about their previous work which may be sensitive or confidential. a. Purpose of post-employment restrictions There are several purposes of post-employment restrictions, to wit: 1) […]

Penalties and prescription of offenses and claims

1. Penalties Except as otherwise provided in [the Labor Code, or unless the acts complained of hinge on a question of interpretation or implementation of ambiguous provisions of an existing collective bargaining agreement, any violation of the provisions of this Code declared to be unlawful or penal in nature shall be punished with a fine […]

Labor cases – rules, procedures, practices in 2022

The 2020 pandemic resulted in the modification of the rules, procedures, and practices for Labor Cases before the Single Entry Approach (SEnA) and the National Labor Relations Commission (NLRC). Mostly, the process shifts in favor of using technology, particularly the use of videoconference and other electronic means that will not require face-to-face interaction. Single Entry […]

Non-Compete Clause

Summary ▪ A non-compete agreement in an employment contract is valid. ▪ The NDA should cover confidential matters only. 1. Concept A non-compete clause is a contractual stipulation whereby one party is prohibited from competing against the other contracting party in a similar activity for a certain period. A non-compete clause is valid as a […]

Confidentiality or NDA

Summary ▪ A confidentiality or non-disclosure agreement (NDA) in an employment contract is valid. ▪ The NDA should cover confidential matters only. ▪ Employees who violate their NDA may be liable for damages. 1. Concept a. Non-disclosure agreement A confidentiality or non-disclosure agreement (henceforth, “NDA”) is an agreement whereby one party reveals confidential information to […]

Final pay

Summary ▪ Final pay is required to be paid within 30 calendar days from termination or separation from employment. ▪ Payment of final pay may be subjected to clearance process. 1. Concept Final pay, last pay, or back pay, all of which refer to the same thing as “the sum or totality of all the […]

Certificate of employment

Summary ▪ Employers are obligated to issue a Certificate of Employment (COE) upon request. ▪ After employment, employers are required to issue a COE. 1. Concept A certificate of employment (COE) is a document certifying a current or former employee’s employment with an employer, including the start and end date, as well as the position/s […]

Clearance process

Summary ▪ Clearance process is valid and has legal bases. ▪ Final pay subject to clearance process. ▪ Wages may be withheld for debts or obligations to the employer. 1. Concept Clearance process is a requirement imposed by the management on an employee to settle all debts and obligations, including return of Company properties or […]

Resignation

Summary ▪ Resignation is a voluntary act on the employees wanting to terminate their employment. ▪ Employees are required to comply with the 30-day notice and service. ▪ The 30-day notice and service may not be necessary under certain situations. ▪ There are circumstances when a resignation notice and the 30-day render is not required. […]