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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.


SPECIAL LEAVE FOR WOMEN


Female employees are entitled not only to maternity leave but also Special Leave as provided in RA 9710. This special leave can be availed by those who are scheduled to undergo surgery for gynecological disorders.

GYNECOLOGICAL DISORDERS

“Gynecological disorders” refers to disorders that would require surgical procedures such as, but not limited to dilatation and curettage and those involving female reproductive organs such as the vagina, cervix, uterus, fallopian tubes, ovaries, breast, adnexa and pelvic floor, as certified by a competent physician. It shall also include hysterectomy, ovariectomy and mastectomy.

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WHAT IS A SUBSCRIPTION CONTRACT?


Section 59 of the Revised Corporation Code (RCC) states the following:

“SEC. 59. Subscription Contract – Any contract for the acquisition of unissued stock in an existing corporation or a corporation still to be formed shall be deemed a subscription within the meaning of this Title, notwithstanding the fact that the parties refer to it as a purchase or some other contract.” (emphasis and underscoring supplied)

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ARE REGULAR FULL-TIME MONTHLY PAID TEACHERS IN PRIVATE SCHOOLS ENTITLED TO SALARY DURING SEMESTRAL BREAKS? The answer is “YES!”.


Relevant to the afore-stated query is Omnibus Rules Implementing the Labor Code. Section 4(a) of Rule I of said Omnibus Rules which implement Book III of the Labor Code, states in the following manner:

“SECTION 4. Principles in determining hours worked. — The following general principles shall govern in determining whether the time spent by an employee is considered hours worked for purposes of this Rule. .”

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FEATURES OF THE REVISED CORPORATION CODE


Republic Act No. 11232, otherwise known as the REVISED CORPORATION CODE OF THE PHILIPPINES (RCC) was signed into law by the President on February 20, 2019. RCC expressly repealed Batas Pambansa Blg. 68, otherwise known as “The Corporation Code of the Philippines (Old Code).”

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