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Debt Collection Industry
1. Concepts “Collection Entity” or “Agency” – refers to a person or entity engaged in purely collection services on delinquent and/or past due accounts of clients through negotiations by telephone and/or personal field visits. (Section 2[a], Rule I DOLE Department Order No. 155, Series of 2016) “Collector” – refers to a person engaged by a…
Social Justice in Labor Law
Labor law is founded on social justice. What is social justice in Labor Law? In the context of labor and employment, social justice ensures that “those who have less in life must have more in law.” (Justice Velasco, Jr., Separate and Dissenting Opinion in Perez v. Philippine Telegraph and Telephone Company, G.R. No. 152048, 07…
Cases: Serious Misconduct
1. Sexual Harassment Sexual harassment is “an imposition of misplaced ‘superiority’ which is enough to dampen an employee’s spirit and her capacity for advancement. It affects her sense of judgment; it changes her life.” (Domingo v. Rayala, G.R. No. 155831, 18 February 2008) In one case, the Supreme Court expressed in strong terms that sexual…
Cases: Contracting via Individuals as Independent Contractors
These are the related Labor Law Cases or Jurisprudence. 1. Concept a. Unique skills and talents Sonza v. ABS-CBN Broadcasting Corporation G.R. No. 138051, 10 June 2004 Independent contractors often present themselves to possess unique skills, expertise or talent to distinguish them from ordinary employees. The specific selection and hiring of [Complainant], because of his…
Burden of Proof
Summary ▪ Burden of proof shifts between the employer and the employee depending on what is being claimed. ▪ In monetary claims, burden of proof is on the employer if the claims refer to those incurred in the normal course of business, as opposed to those that are not such as requiring overtime work or…
Establishment Termination Report
Summary The Establishment Termination Report covers: flexible work arrangement / alternative work scheme; temporary closure; retrenchment / reduction of workforce; and permanent closure. Applicable laws, regulations DOLE Labor Advisory No. 17-A, Series of 2020 (DOLE LA 17-A-20) Compliance Report The DOLE RKS Form 5, Series of 2020, otherwise known as the Establishment Termination Report, “shall…
