Commercial and Business Law

Posts focused on Commercial and Business Law in the Philippines

Issuing Certificates of Employment: The Period for Providing Employment Records to Former Staff

Certificate of employment rules in the Philippines: who is entitled, required COE contents, special deadlines for kasambahay and seafarers, and HR compliance tips.

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Labor Code Exemptions for Managerial Staff: Identifying Which Employees Are Not Entitled to Overtime Pay

Guide to Labor Code Article 82 on managerial staff exemption, overtime pay Philippines rules, and how HR classifies managers vs rank-and-file.

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Handling Workplace Theft: Applying Preventive Suspension During Administrative Investigations in the Philippines

Preventive suspension in workplace theft cases: serious and imminent threat test, 30-day limit, paid extensions, and compliance steps.

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Suspending Business Operations in the Philippines: The Maximum Six-Month Limit Before Forced Employee Reinstatement or Separation

Floating status in the Philippines is limited to 6 months under Article 301; learn rules, risks, and employer steps during suspension of business operations.

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Designing Employee Stock Option Plans and Tax Implications for Philippine Workers Receiving Foreign Shares

Philippine tax rules on employee stock option plans: equity-based compensation at exercise, later share sale tax issues, and compliance for offshore startups.

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Service Incentive Leave – The Five-Day Minimum Paid Vacation Requirement for Regular Staff in the Philippines

Service incentive leave in the Philippines: 5 paid days after 1 year, exceptions, SIL commutation to cash, accrual of claims, and payroll proof rules.

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Constructive Dismissal via Demotion: The Consequences of Unilaterally Changing an Employee’s Role

Constructive dismissal by demotion in the Philippines: security of tenure, when reassignment becomes illegal dismissal, and exposure to full backwages.

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Settling Labor Disputes Through Arbitration: Enforcing Arbitration Clauses in Cross-Border Employment Contracts (Philippines)

Guide to labor arbitration limits in the Philippines, focusing on illegal dismissal jurisdiction and cross-border employment contracts and dispute clauses.

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Employee Embezzlement and Fraud: The Immediate Legal Steps to Suspend and Dismiss a Rogue Worker (Philippines)

Guide to preventive suspension in employee fraud cases in the Philippines: 30-day rule, due process notices, and just cause dismissal requirements.

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