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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.


Understanding How Lease Agreements Work


commercial lease

One of the contracts that most entrepreneurs will be entering into would be a contract of lease. Save for a few who have their own real property within which they will hold their principal place of business, a great majority of enterprises carry out their businesses on rented space. Therefore, it is important to know the rights and obligations of the parties to the lease in order to foster a harmonious landlord-tenant relationship from its commencement until its termination.

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“No Employer-Employee Relationship” as Defense in Labor Cases


employer-employee relationship

Though many employers have been consciously complying with the requirements of the law, many of them still fall victims of disgruntled employees who file various complaints before the labor tribunals. However, if such employers will be able to show that the complainants are not their employees, then the labor authorities will have no other alternative but to dismiss the case filed before it because they do not have jurisdiction to hear and decide the dispute. This makes a potent defense that would spell instant dismissal of the case if such dispute not arising from employer-employee relationship is brought before the labor tribunals.

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Things to Know About Entering a Joint Venture


joint venture

In conducting the affairs of the business, there are instances when certain activities have to be undertaken in order to accomplish particular business purposes, which may be hampered by limitations in resources, expertise, technology, etc. Because of such limitations, it is sometimes necessary for two or more enterprises to team up with each other through joint ventures. Needless to say, having a better understanding of the nature of joint ventures will give business owners the knowledge that they need for them to take full advantage of this special kind of partnership, which will, in turn, enable them to open more doors of opportunity through shared resources and expertise.

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Termination of Employment Due to Loss of Trust and Confidence


breach loss of trust and confidence

The grounds by which employment may be terminated are provided for by the Labor Code, and among which is when there is a willful breach of the employee of the trust reposed in him by the employer or his duly authorized representative. This ground for dismissing employees, however, is prone to abuse, considering that trust and confidence is a state of mind that any employer may easily claim to have been lost even by reason of the most trivial matters. Therefore, in order prevent abuse, the law established certain standards that have to be complied with if it is to be used as basis for termination of employment.

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