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

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What is the difference between employees and independent contractors?

Regularization is not a management prerogative; rather it is the nature of employment that determines it.

The presumption is that when the work done is an integral part of the regular business of the employer and when the worker, relative to the employer, does not furnish an independent business or professional service, such work is a regular employment of such employee and not an independent contractor.

Control over the manner or method of doing the work characterizes employment. In contrast, control only of the desired result of the work often indicates a contracting arrangement.

What is the effect of non-payment of premiums?

An insurance premium is the agreed price for assuming and carrying the risk, which is the consideration paid to an insurer for undertaking to indemnify the insured against a specified peril.

Notwithstanding any agreement to the contrary, no policy or contract of insurance issued by an insurance company is valid and binding.

The non-payment of the balance of the premium due does not produce the cancellation of the contract unless, by express stipulation, it is provided that the policy shall in that event be suspended or shall lapse.

Who is a non-resident alien?

A non-resident alien is any alien seeking admission to the Philippines for employment purposes.
He or she shall obtain an employment permit from the Department of Labor and Employment.

The employment permit may be issued to a non-resident alien after a determination of the non-availability of a person in the Philippines who is competent, able and willing at the time of application to perform services for which the alien is desired. (Article 40, Labor Code of the Philippines)

National Cancer Consciousness Week

Cancer refers to a generic term for a large group of diseases that can affect any part of the body.

The National Integrated Cancer Control Program is hereby established which shall serve as the framework for all cancer-related activities of the government.

Cancer awareness is important to impart with the people the importance of educating themselves on the cause, prevention, and possible cure of cancer.

What is the effect of delay in accepting the application for insurance?

A contract of insurance is an agreement whereby one undertakes for a consideration to indemnify another against loss, damage or liability arising from an unknown or contingent event. (Section 2 par. (a), Insurance Code)

It is perfected by the meeting of the minds, or the concurrence of the offer and the acceptance with respect to the object and consideration constituting the contract.

An application is a mere offer which requires the overt act of the insurer for it to ripen into a contract. (Virginia Perez v. Court of Appeals, G.R. No. 112329, January 28, 2000)

Delay in acting on the application does not constitute acceptance even though the insured has forwarded his first premium with his application. (Virginia Perez v. Court of Appeals, G.R. No. 112329, January 28, 2000)

Who are disqualified from engaging in the business of recruitment and placement for local employment?

A Private Employment Agency refers to any individual, partnership, corporation, or entity licensed by the Department of Labor and Employment to engage in the recruitment and placement of workers for local employment.

These Rules shall apply to persons, sole proprietors, partnerships, or corporations intending to engage or engaged in the recruitment and placement of industry workers for local employment through a private employment agency.