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labor law

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What procedural notice must an employer provide before implementing retrenchment or closure of operations?

Legal Answers / Nicolas and De Vega Law Offices

Employers must serve a written notice to both the affected workers and the labor ministry at least one month before intended retrenchment.

What procedural notice must an employer provide before implementing retrenchment or closure of operations? Read More »

What is the compulsory retirement age specifically set for underground mine workers?

Legal Answers / Nicolas and De Vega Law Offices

The compulsory retirement age for underground mine workers is sixty, with an option to retire at fifty after five years of service.

What is the compulsory retirement age specifically set for underground mine workers? Read More »

Are all establishments mandated to provide retirement benefits to their eligible retiring employees?

Legal Answers / Nicolas and De Vega Law Offices

Retail, service, and agricultural establishments employing not more than ten workers are exempted from the legal mandate to provide retirement benefits.

Are all establishments mandated to provide retirement benefits to their eligible retiring employees? Read More »

What additional penalty is imposed on an alien who is found guilty of violating the penal provisions of the Labor Code?

Legal Answers / Nicolas and De Vega Law Offices

Any alien found guilty of violating penal provisions of the Labor Code shall be summarily deported after serving their sentence.

What additional penalty is imposed on an alien who is found guilty of violating the penal provisions of the Labor Code? Read More »

How long is the prescriptive period for filing a complaint regarding offenses penalized under the Labor Code?

Legal Answers / Nicolas and De Vega Law Offices

Offenses penalized under the Labor Code and its corresponding rules and regulations prescribe strictly within three years.

How long is the prescriptive period for filing a complaint regarding offenses penalized under the Labor Code? Read More »

Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty?

Legal Answers / Nicolas and De Vega Law Offices

Fulfilling military or civic duty does not terminate employment; employees must be reinstated upon returning within one month of relief.

Is an employee considered terminated if they leave their work temporarily to fulfill a military or civic duty? Read More »

How is the term “one-half month salary” legally defined when computing the minimum retirement pay of an eligible employee?

Legal Answers / Nicolas and De Vega Law Offices

One-half month salary for retirement includes 15 days pay, 1/12 of 13th-month pay, and up to 5 days leave equivalent.

How is the term “one-half month salary” legally defined when computing the minimum retirement pay of an eligible employee? Read More »

What are the general penalties imposed by law for violations of the provisions of the Labor Code that are declared unlawful?

Legal Answers / Nicolas and De Vega Law Offices

Violators of the Code face fines from P1,000 to P10,000, imprisonment from three months to three years, or both.

What are the general penalties imposed by law for violations of the provisions of the Labor Code that are declared unlawful? Read More »

Who shall be held liable for the penalty if an offense penalized under the Labor Code is committed by a corporation or partnership?

Legal Answers / Nicolas and De Vega Law Offices

When a corporation commits a labor offense, the corresponding penalty is imposed upon the guilty officer or officers of the entity.

Who shall be held liable for the penalty if an offense penalized under the Labor Code is committed by a corporation or partnership? Read More »

Within what period must an individual file a complaint for an unfair labor practice before the appropriate agency?

Legal Answers / Nicolas and De Vega Law Offices

Unfair labor practice complaints must be filed within one year from accrual, otherwise the claims shall be forever barred.

Within what period must an individual file a complaint for an unfair labor practice before the appropriate agency? Read More »

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