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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.

 

 

 


OWNERSHIP, USAGE AND ADMINISTRATION OF THE WORKING CHILD’S INCOME


INCOME

  • The income of the working child shall belong to him or her

  • The income or property of the working child shall be administered by both parents

  • There should be a Trust Fund to preserve part of the working child’s income.

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PENALTIES FOR MONEY LAUNDERING


  • The penalty of imprisonment from six (6) months to four (4) years or a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos (Php500,000.00), or both, shall be imposed on a person who, knowing that a covered or suspicious transaction is required to be reported to the Anti-Money Laundering Council (AMLC), fails to do so.

  • The penalty of imprisonment from six (6) months to one (1) year or a fine of not less than One hundred thousand Philippine pesos (Php100,000.00) but not more than Five hundred thousand Philippine pesos (Php500,000.00), or both, shall be imposed on a person convicted for failing to Keep Records.

  • The imposition of the administrative sanctions shall be without prejudice to the filing of criminal charges against the persons responsible for the violation.

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WHAT IS CONSTRUCTIVE DISMISSAL?


  • Constructive dismissal is defined as quitting or cessation of work because continued employment is rendered impossible, unreasonable or unlikely; when there is a demotion in rank or a diminution of pay and other benefits.

  • Constructive dismissal exists if an act of clear discrimination, insensibility, or disdain by an employer becomes so unbearable on the part of the employee that it could

  • The test of constructive dismissal is whether a reasonable person in the employee’s position would have felt compelled to give up his employment/position under the circumstances.

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WHEN TO CLAIM TAX CREDIT OR TAX REFUND


  • A credit or refund of taxes may be allowed only when a taxpayer files in writing a claim for credit or refund

  • A written claim for tax credit or refund shall be filed within two (2) years after the payment of tax or penalty

  • A Tax Credit Certificate is a document reflecting the amount due to a taxpayer from the overpayment or erroneous payment of taxes

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