ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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Gross and Habitual Neglect of Duties

An employer may terminate an employment for gross and habitual neglect by the employee of his duties. (Article 297, Labor Code)

Gross neglect is defined as the absence of that diligence that an ordinary prudent man would use in his/her own affairs. (Section 4, par. j, Rule I-A, DOLE D.O. No. 147-15)

Habitual neglect refers to the repeated failure to perform one’s duties over a period of time, depending upon the circumstances. (Section 4, par. k, Rule I-A, DOLE D.O. No. 147-15)

Refusal to Render Overtime Work – When Considered Willful Disobedience?

Any employee may be required by the employer to perform overtime work when there is urgent work to be performed on machines, installations, or equipment, in order to avoid serious loss or damage to the employer or some other cause of similar nature. (Article 89 (c), Labor Code of the Philippines)

Award of Separation Pay

Separation pay refers to the compensation given to an employee who is terminated from employment due to authorized causes provided in Articles 298 and 299 of the Labor Code of the Philippines.

An employee’s entitlement to separation pay depends on the ground for his/her termination.

Where the termination of an employee is for authorized causes, separation pay is due.

Rights of Performers under the Intellectual Property Code

Under the Intellectual Property Code, performers enjoy exclusive, moral, and economic rights.

Exclusive rights of performers include the right to authorize the broadcasting, communication, direct or indirect reproduction, distribution of their performances, and the right to make available their performances.

Moral rights of performers include the right to claim and be identified as the performer, and to object to any distortion, mutilation and other modification of his performances.

Economic rights of performers include the right to remuneration and commercial rentals for their performances. (Sections 203 and 204, Intellectual Property Code)