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NARAG LAW OFFICE

NARAG LAW OFFICE

Santiago, Philippines

Founded in 2015
12 people in their team
You've Come To The Right PlaceOur Managing Attorney, Atty. Narag (a CPA), started this firm in January 2015 after working in the corporate world for...
English

Philippines Employer Legal Questions answered by Lawyers

Browse our 1 legal question about Employer in Philippines and the lawyer answers, or ask your own questions for free.

Retrenchment vs Redundancy
Employer
Employment & Labor
Employment Rights
Wrongful Termination
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About Employer Law in Santiago, Philippines:

Law concerning employers in Santiago, Philippines occupies a critical locus within the broader landscape of the Philippines employment law. Employer law pertains to the legal rights, responsibilities, and obligations of employers in the workplace. The scope includes areas such as employment contracts, workplace safety and health, minimum wage and benefits, labor standards, and fair treatment. Employers must also comply with laws protecting employees from discrimination, harassment, and unfair dismissal. As these laws frequently change, it's crucial to stay informed or seek legal advice when necessary.

Why You May Need a Lawyer:

Many situations might necessitate hiring a lawyer. If you're an employer facing potential legal action from an employee, it's essential to secure representation. Equally, individuals might need a lawyer if they're considering taking legal action against their employers for reasons such as wrongful termination, discrimination, harassment, or noncompliance with labor standards. A legal professional knowledgeable in employer law in the Philippines can advise you on case proceedings, guide you through the process, and represent your interests.

Local Laws Overview:

Local laws in Santiago, Philippines mandate employers to uphold labor standards as provided in the Philippines Labor Code. These standards include ensuring minimum wage, overtime pay, holiday and nighttime work payments, service incentive leave, 13th-month pay, secure and healthful working conditions, and benefits such as social security, health care, disability benefits, and retirement pay payouts. Equal employment opportunities and non-discriminatory practices are also fundamental under the law.

Frequently Asked Questions:

1. What is employer discrimination?

Employer discrimination entails treating an employee or potential employee unfairly based on several protected attributes, including age, sex, ethnicity, religious beliefs, or physical disability.

2. What is considered wrongful termination?

A dismissal becomes wrongful if it's illegal, such as firing based on discrimination, without just cause, or violation of contract terms.

3. Can an employer change an employment contract unilaterally?

No, any modifications to an employment contract should be with the consent of both parties involved.

4. What legal recourse does an employee have for workplace harassment?

An employee can file a legal complaint against the harasser and employer, especially if the latter fails to take appropriate measures to stop the harassment.

5. How long do I have to file a case against my employer?

For labor-related cases, you typically have three years from the date of the incident to file a case.

6. Can external parties mediate labour matters?

Yes, third parties like Department of Labour and Employment's(BLE) National Conciliation and Mediation Board (NCMB) can intervene and mediate labor disputes.

7. Is there legal protection for whistleblowers?

Yes, the Philippines’ Whistleblower Protection Act protects employees who disclose illegal practices within the workplace.

8. Who is eligible for overtime pay?

All employees are eligible for overtime pay except for managerial staff who are excluded from this benefit as per the labor law.

9. What are the statutory benefits that an employer should provide?

Employers are obligated to provide social security, healthcare, disability benefits, and retirement pay to their employees.

10. Can an employer deny leave application?

An employer has the right to deny a leave application, but they are essential to provide the mandated service incentive leave to all regular employees.

Additional Resources:

Some of the additional resources you can explore include: The Department of Labor and Employment (DOLE) – Provides comprehensive information on employment laws and regulations. The Philippine Commission on Women (PCW) – Deals with gender-related workplace issues. The National Conciliation and Mediation Board (NCMB) – Helps resolve employment disputes.

Next Steps:

If you believe you require legal assistance concerning employer law in Santiago, Philippines, you should consider engaging a knowledgeable lawyer well-versed in the local labor laws. Furthermore, ensure you thoroughly understand your legal rights, responsibilities and keep abreast with recent changes in the regulations. Remember to keep all relevant employment documents as proof as it can be essential in a legal context.

Disclaimer:
The information provided on this page is intended for informational purposes only and should not be construed as legal advice. While we strive to present accurate and up-to-date information, we cannot guarantee the accuracy, completeness, or currentness of the content. Laws and regulations can change frequently, and interpretations of the law can vary. Therefore, you should consult with qualified legal professionals for specific advice tailored to your situation. We disclaim all liability for actions you take or fail to take based on any content on this page. If you find any information to be incorrect or outdated, please contact us, and we will make efforts to rectify it.