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

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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.

 


PAYMENT OF WAGES AND MONETARY BENEFITS THROUGH TRANSACTION ACCOUNTS


  • Employers in the private sector are highly encouraged to communicate to their employees the benefits of using transaction accounts for receiving wages and other remunerations.

  • Employers may assist employees who have no existing transaction accounts in applying for transaction accounts which can be used for the payment of their wages and other monetary benefits.

  • Employers shall endeavor to provide their employees who have existing transaction accounts the option to receive their wages and other monetary benefits in their existing transaction accounts held in a PESONet-participating bank.

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WHEN RETRENCHMENT IS CONSIDERED AN ILLEGAL DISMISSAL


illegal dismissal

  • Retrenchment is the separation from employment without the fault of the employee

  • Retrenchment is intended for the advancement of the employer’s interest and not for the purpose of defeating or circumventing the rights of the employees

  • Employees cannot be temporarily laid-off

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GENDER-BASED STREETS AND PUBLIC SPACES SEXUAL HARASSMENT


  • The crimes of gender-based streets and public spaces sexual harassment are committed through any unwanted and uninvited sexual actions or remarks against any person regardless of the motive.

  • Gender-based streets and public spaces sexual harassment includes catcalling, wolf-whistling, unwanted invitations, misogynistic, transphobic, homophobic and sexist slurs, persistent uninvited comments or gestures on a person’s appearance.

  • Acts constitutive of gender-based streets and public spaces sexual harassment are those performed in buildings, schools, churches, restaurants, malls, public washrooms, bars, internet shops, public markets, transportation terminals or public utility vehicles.

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Abuse of Dominant Position under the Philippine Competition Act


  • Selling goods or services below cost with the object of driving competition out of the relevant market is prohibited.

  • Making a transaction subject to acceptance by the other parties of other obligations which, by their nature or according to commercial usage, have no connection with the transaction is prohibited.

  • Making supply of particular goods or services dependent upon the purchase of other goods or services from the supplier which have no direct connection with the main goods or services to be supplied is prohibited.

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