How To Terminate An Employee Based on Just Causes

An employee may only be terminated for just causes or for authorized causes under the Labor Code. The following are considered as just causes: 1. Serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; 2. Gross and habitual neglect by the employee […]

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How To Place an Employee Under Preventive Suspension Pending Investigation

Suspension of an employee may either be 1) imposed as an administrative penalty for infractions committed or 2) preventive suspension pending investigation of an employee. If we are dealing with the second kind (preventive suspension pending investigation), the following conditions must be met: a. The employer may place the worker concerned under preventive suspension if […]

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How To Avail of Parental Leave for a Solo Parent

Republic Act No. 8972 grants parental leave of seven (7) work days with full pay every year, in addition to leave privileges under existing laws, to solo parents. Parental leave for solo parents is granted to any solo parent or individual who is left alone with the responsibility of parenthood due to: 1. Giving birth […]

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How To Register a Sole Proprietorship with the DTI

Businesses can be conducted in many ways. It may be through a sole proprietorship, partnership or corporation. Sole proprietors must register with the Department of Trade & Industry (DTI) while corporations and partnerships are registered with the Securities & Exchange Commission (SEC). A sole proprietor must register with the DTI and secure a Certificate of […]

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How To Get a Special Resident Retiree’s Visa (SRRV)

The Special Resident Retiree’s Visa (“SRRV”) is a visa issued by the Bureau of Immigration through the Philippine Retirement Authority (“PRA”). The SRRV is a special non-immigrant visa that provides its holders with multiple-entry privileges and indefinite stay in the Philippines and is especially designed for those who wish to live in the Philippines on […]

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Shrink-Wrap Agreements: Are They Valid Contracts?

A person who purchases a cellphone, portable dvd player, a coffee maker, or toy finds warranty cards and other written contract terms inside the box. If the product is contained in a cellophane-wrapped box, sealed, with tamper-proof packaging, these terms are available for review only after the product has been bought and then opened, in […]

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Are Contractual Employees Entitled to Separation Pay?

A fixed-term employee or contractual employee is a type of employee whose employment is fixed for a certain period of period of time. When the contract expires and is not renewed by his or her employer, the employment of the contractual employee is deemed to have automatically terminated. It is of common knowledge that the […]

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De-Mystifying the Bouncing Checks Law (B.P. 22)

A common predicament faced by businessmen is violating the Batas Pambansa Blg. 22 also known as the Bouncing Checks Law. Evidently, businessmen issue checks as a matter of practice, and sometimes when the due dates of these checks fall, either by inadvertence or unavailable finances, the check bounces. BP 22 punishes a person for issuing […]

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Protecting your Intellectual Property Rights

The protection of intellectual property rights is a primordial concern, especially in the field of business format franchising. Business format franchising, to a large extent, involves the use by a person called a franchisee of the intellectual property another called the franchisor, of course, with the consent of the latter. The intellectual property involved in […]

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Lawyers’ Fees: Types of Legal Fee Arrangements

In “shopping” for a lawyer, the first thing the usually comes to mind is how much a lawyer charges. Generally, the professional fees of a lawyer depend on the nature and complexity of the case, the financial capacity of the client, the extent of work required, among other factors. The usual legal fee arrangements are: […]

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Our Legal Advice page is composed of many articles, FAQs, guides and advice on Philippine Law. These cover civil law, commercial and corporate law, criminal law, intellectual property law (trademark, copyright, patent, PCT and others), family law, inheritance and succession, competition and antitrust law, data privacy, local and international taxation, and many others. 

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