0Mar

Hello world!

Posted in Uncategorized at 0Mar by :-)

This site will soon contain valuable information and resources on various legal matters relevant to the Philippines.

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0Mar

Query: Can Children Travel Abroad without Father's Consent?

Posted in FAMILY LAW tagged , , , at 0Mar by :-)

MDO wrote:

Hi, I have a friend who is separated with his wife, and has 2 kids. Is it possible for the mother to take the kids out of the country away from their father?  The kids follow their dad’s last name.  The mother needs to seek consent from the biological father in order to do that right? Thank you and hoping for your quick response.

Legal Advice:

Generally, the rule is minor children (below the age of 18) cannot leave the country unaccompanied by a parent (father or mother).  See also DSWD rules on Travel Clearance for Minors

Assuming that the father has a custody agreement or court order that prohibits the mother from taking the children out of the country without his consent, she can still succeed in bringing the children out of the country unless a hold departure order is issued and brought to the attention of immigration officers at the port of departure.  It is the father’s duty to inform the Bureau of Immigration of such hold order so that Immigration can put the children’s names on a watch list.

From experience,  Immigration officers usually question situations when the minor children are accompanied by an adult who does not appear to be the parent, such as, when the mom’s passport does not bear the same surname of the children; otherwise, she is usually granted passage with the children.  

What is the father’s recourse? If he fears that the mother plans to alienate him from the children and has no intention to let them return to the Philippines, then he must consult a lawyer who can recommend and take the appropriate legal action in court. I hope this helps.

0Mar

Free Sample Forms

Posted in FREE SAMPLE FORMS tagged , , , at 0Mar by :-)

Get free templates or samples of valid termination notices here.

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Simply send us your full name and email address in the comment form below and we will send the templates in PDF format for FREE.

PRIVACY POLICY:

We do not share any information collected on this site without prior permission. Names and email addresses sent through the comment box or in the subscription form will remain private and shall not be disclosed to third parties.

0Mar

Official Holidays for 2010

Posted in LABOR LAW tagged , , , at 0Mar by :-)

Proclamation No. 1841 “Declaring the Regular Holidays, Special (Non-Working) Days, and Special Holiday (For All Schools) for The Year 2010” states in part:

“NOW, THEREFORE, I, GLORIA M. ARROYO, President of the Republic of the Philippines, by virtue of the powers vested in me by law, do hereby order:

 SECTION 1. The following regular holidays and special days for the year 2010 shall by observed in the country:

A. Regular Holidays

  • New Year’s Day January 1
  • Maundy Thursday April 1
  • Good Friday April 2
  • Araw ng Kagitingan April 9 (Friday)
  • Labor Day May 1 Independence Day
  • June 14 (Monday nearest June 12)
  • National Heroes Day August 30 (Last Monday of August)
  • Bonifacio Day November 29 (Monday nearest November 30)
  •  Christmas Day December 25 (Saturday)
  • Rizal Day December 27 (Monday nearest December 30)

B. Special (Non-Working) Days

  • Ninoy Aquino Day August 23 (Monday nearest August 21)
  • All Saints Day November 1 (Monday)

Additional Special (Non-Working) Day

  • December 24 (Friday)
  • Last Day of the Year December 31 (Friday)

 C. Special Holiday (for all schools)

  • EDSA Revolution Anniversary February 22 (Monday nearest February 25)”

Note: The classification of a holiday is significant not only for purposes of scheduling work but also for the computation of premium pay or overtime time pay for services rendered on those days.

0Mar

New Product Coming Soon: HR's Guide on Employee Compensation and Benefits

Posted in LABOR LAW tagged , , , , , , at 0Mar by :-)

If you found  “Valid Dismissal of Employees Guide”  by lawyer-author Elvin Villanueva helpful, his guide to “Compensation and Benefits” is a valuable resource as well.

This is the first of a 2-part series for HR practitioners. 

Find it in your favorite local bookstores this March.

0Feb

Legal Requirements for Demotion of Employee

Posted in LABOR LAW tagged , , at 0Feb by :-)

Demotion is said to exist when there is a reduction in:

  •  salary
  •  rank
  •  position

Generally, demotion is allowed as a valid exercise of management prerogative, often as a consequence of an employee’s failure to comply with company productivity standards.  (Leonardo vs. NLRC, June 16, 2000 and Fuerte vs. Aquino, June 16, 2000)

Due Process Requirement.

While an employer may demote an employee for valid reasons, it must first comply with the twin requirements of notice and hearing.  This is because a demotion affects the employment of an employee, whose right to continued employment under the same terms and conditions, is likewise protected by law.  (Floren Hotel vs. NLRC, May 6, 2005)  Demotion, like dismissal or termination from employment, is in the nature of a punitive action, which an employee should be given a chance to contest.

0Feb

Beat the Economic Recession by Starting a Consulting Business

Posted in Business Tips tagged , , , at 0Feb by :-)

While large companies have been severely affected by the recent global recession, smaller businesses have managed to survive by keeping operations lean and applying different marketing strategies including Internet marketing.  This trend is believed to be a major contributing factor for the recovery of some economies as micro, small and medium enterprises account for over 90% of businesses worldwide and are an important source of employment. In fact, anyone who wishes to beat the economic recession with little or hardly any capital can ride on the online marketing trend by starting a consulting business.

 Business plan

 Preparation is still an essential step when starting a consulting business even if it is going to be home-based.  Your plan should include getting all your equipment, resources, contacts and online marketing tools.  Most newcomers are unable to create a business plan because they only have a vague idea about the business.  Nowadays, many Internet marketers share their knowledge through information products, seminars, webinars and study courses which help beginners jumpstart their businesses. Others share their secret formulas for success through systems that you can easily replicate in your own business. You may need to brush up on the basics of Internet marketing and some special techniques by studying a course or system prepared by a successful Internet marketer. 

 Marketing strategy

 Not all small businesses will need your services. You need to figure out who your real clients are or you may be wasting your time and energy on the wrong market. In fact, Internet marketing experts say that you’ll get better results if you narrow down your market and focus all your marketing efforts on them. Developing a marketing strategy can be time-consuming and costly due to mistakes that you can avoid if you learn effective strategies from proven Internet marketing experts.

 Financial strategy

 Cash flow is the lifeblood of every enterprise including your consulting business.  While most start-up businesses experience cash outflow rather than an inflow at the beginning, your consulting business has the ability to generate income almost immediately if you follow fast cash techniques of Internet marketing experts.  Learn also how to set the right price for your services and how to get paid on a recurring monthly basis from consulting experts.

 The effects of the economic recession may have been unfortunate for many but it can be a catalyst for change as small and medium enterprises are discovering new ways of conducting business on the Internet, an encouraging trend for starting a consulting business.

0Feb

Increase your chances of collecting friendly debts

Posted in Uncategorized tagged , , , at 0Feb by :-)

With global recession sending ripple effects across less developed countries like the Philippines, it’s easy to expect a rise in overdue accounts and collection suits nowadays. If you’re not in the business of lending money, I suggest that you hold on to your cash to save yourself the headache of having to collect from friends. 

For those, however, who can’t turn a blind eye on a friend in need, temper your warm heart with some cold techniques to increase your chances of collection or to cut your losses later.  Here’s what will help:

Lend only what you can afford to lose.

The value of money is relative– what could be loose change for others may be hard earned cash for you, worse, it could be your monthly utilities budget. Consider your personal needs first and lend out only what is truly extra cash for you or you may end up borrowing money from someone else as well. Moreover, lending out a small amount increases its chances of getting paid.

Ask for security.

Follow the lead of pawnshops and banks by asking for something of value that you can hold on to while your loan is unpaid. It could be a watch, small piece of jewelry, that Louis Vuitton purse or anything that approximates the amount of the loan. That way, your friend will have the motivation to repay you or risk not seeing the “collateral”. 

Ask for post-dated checks.

Financial companies do this as well. If your friend offers to pay you back in two months, break down the loan in chunks, say 4 payments, and secure these with checks that are post-dated. When each of the checks fall due, you need not remind your friend to pay but simply deposit the checks to collect. Checks that bounce or are returned unpaid due to insufficiency of funds or closed account will expose your friend to criminal liability under the Bouncing Checks Law and/or Estafa.  While you may not want to sue your friend for her unpaid debt, hopefully, the issuance of the post-dated checks will serve as a deterrent for non-payment.

Put it down in writing.

It is always good practice to write down verbal promises, agreements and the fact of receipt in case things go awry.  As friends, you may cringe at the thought of asking your borrower to sign a receipt acknowledging the loan or the fact that you lent her some cash. The choice is yours whether to suffer a moment of discomfort today or months of regret later when your friend conveniently forgets about the loan.

These are not guarantees, however, that loans to friends will be paid as other factors can come into play, such as the history of financial irresponsibility, actual cash position, and even moral character of your friend. When a debt is overdue, you should take immediate steps to collect it.  If the loan is in a substantial amount, your best next move may be to seek the advice of a lawyer.

0Jan

Valid Dismissal of Employees: Recommended reading for HR practitioners

Posted in Uncategorized tagged , , , , , , , , , , , , at 0Jan by :-)

Every business owner, employer and HR officer in the Philippines should know the rules on valid dismissal of employees. In the world of Human Resources, hiring and firing can make or break the company.

Most of the problems Human Resources personnel face involve discipline and dismissal of errant employees.  Human resources specialists typically come from behavioral sciences courses and are unfamiliar with legal procedures that have to be observed in meting out suspension and termination

Illegal dismissal cases are easily filed in the labor courts.  They are a source of headaches for the employer who has to go through the hassle of attending time-consuming hearings and be sanctioned for not following correct procedures in firing. 

An ounce of prevention is always better than a pound of cure.

Don’t make the mistake of firing someone on the spot just because you’ve had enough of your employee’s behavior.  While you may have every right to terminate your employee, lack of compliance with legal requirements for dismissal may cost you money in the form of damages and backwages. If you follow the rules of valid dismissal of employees, your employee won’t even think of running to the labor arbiter. Be prepared and show your employees that you mean business by observing the proper procedures of valid dismissal.

You need not be a lawyer or hire one just to fire people the legal way.  If you can read and follow simple rules, you’ll do just fine.

What every practitioner must have

 The author is a legal professional and HR practitioner. He combines legal knowledge and valuable experience in this book which can greatly help unsure HR specialists. An e-book is also in the works with suggested forms for notices of dismissal and other important documents to guide the HR specialist. 

 Available NOW at Php697.00. Buy your copy here.

Or click to view a snapshot of its table of contents and one of its pages.

0Nov

Labor Law: Retrenchment

Posted in Employee Termination, FASAP, Philippine Airlines Retrenchment Ruling, Retrenchment tagged , , , at 0Nov by :-)

After many years of battling it out in the Supreme Court, the association of flight attendants of the Philippine Airlines finally obtained a decision declaring their retrenchment illegal. In its decision, the Supreme Court restates the requirements of retrenchment for it to be considered as a valid exercise of management prerogative.

“In order for a retrenchment scheme to be valid, all of the following elements under Article 283 of the Labor Code must concur or be present, to wit:

(1) That retrenchment is reasonably necessary and likely to prevent business losses which, if already incurred, are not merely de minimis, but substantial, serious, actual and real, or if only expected, are reasonably imminent as perceived objectively and in good faith by the employer;

(2) That the employer served written notice both to the employees and to the Department of Labor and Employment at least one month prior to the intended date of retrenchment;

(3) That the employer pays the retrenched employees separation pay equivalent to one (1) month pay or at least one-half (½) month pay for every year of service, whichever is higher;

(4) That the employer exercises its prerogative to retrench employees in good faith for the advancement of its interest and not to defeat or circumvent the employees’ right to security of tenure; and,

(5) That the employer uses fair and reasonable criteria in ascertaining who would be dismissed and who would be retained among the employees, such as status, efficiency, seniority, physical fitness, age, and financial hardship for certain workers.”

Retrenchment must be exercised by the employer as a last result to prevent serious business losses or avoid closure of business.

In the case at bar, the Court viewed the retrenchment as a “knee jerk response” to a “temporary” situation, i.e. the pilots’ strike in 1998, without first exhausting other cost cutting measures such as work rotation and hotel-sharing.

FLIGHT ATTENDANTS AND STEWARDS ASSOCIATION OF THE PHILIPPINES (FASAP) vs. PHILIPPINE AIRLINES (G.R. 178083, Oct. 02, 2009)

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