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BERONGOY & MONTECLAR LAW FIRM

BERONGOY & MONTECLAR LAW FIRM

Tagbilaran, Philippines

Free Consultation: 15 mins


Founded in 2010
7 people in their team
About UsFounded in 2010 by the astute Atty. Ferdinand Berongoy, our law firm initially began its journey with Atty. Berongoy as a solo legal...
English
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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 Tagbilaran, Philippines

In the city of Tagbilaran in the Philippines, the legal regulations related to employer-employee relationships are established and protected mainly by the labor code of the Philippines and Department order 174. This body of law focuses on maintaining a balance between the rights and duties of both employers and employees. It covers a variety of areas including contractual agreements, wage and hour laws, safety regulations, fair treatment, non-discrimination and employee benefits.

Why You May Need a Lawyer

Legal advice in the field of employer law becomes important in several scenarios such as understanding legal obligations in terms of employee rights, navigating employee disputes or wrongful termination suits, understanding compliance standards for workplace safety or just to get clarification on complex matters like benefits and payroll compliance. If you are an employee, you might need a lawyer to understand your rights or to take legal steps in case of wrongful termination or workplace discrimination. For an employer, legal counsel can help to develop policies, agreements, handle disputes and navigate compliance to prevent potential lawsuits or civil fines.

Local Laws Overview

In Tagbilaran, both national and local laws govern the functioning of employer-employee relationships. Key areas of concern include minimum wage requirements, prohibitions on wage deductions, non-discrimination laws, rules about termination and dismissal, collective bargaining rights, maternity and medical benefits and employee security of tenure. Specifically, Article 279 of the Labor code provides for Security of Tenure, stating employees cannot be dismissed from service without lawful cause or due process.

Frequently Asked Questions

1. What are the major employment laws in Tagbilaran?

The major employment laws include the Labor Code of the Philippines, the Social Security Act, and Local Ordinances for fair labor practices.

2. Can an employer arbitrarily dismiss an employee?

No, Article 279 of the Labor code provides for Security of Tenure, stating that employees cannot be dismissed from service without just cause and due process.

3. What are the obligations of an employer toward employee benefits?

Employers are obligated to contribute to the social security, health insurance, and housing fund schemes for their employees under the relevant Philippine laws.

4. Is it mandatory for employers to provide health insurance?

Yes, under the Universal Health Care Act, all Filipinos, including employees, are automatically enrolled into the National Health Insurance Program.

5. What actions are considered discriminatory in a workplace?

Workplace discrimination includes any unfair treatment based on race, color, religion, sex, or origin. It also includes bias in hiring, promotion, job assignment, termination, compensation, retaliation, and various types of harassment.

6. How are wages regulated?

Wages are regulated at both a national and regional level, with each region having its own minimum wage rate set by the Regional Tripartite Wages and Productivity Board.

7. How is workplace safety regulated?

Workplace safety is enforced under the Occupational Safety and Health Standards Act. Employers are required to provide safety training, proper equipment and must uphold policies to ensure a safe and healthful workplace.

8. Who can employees turn to if they feel their rights have been violated?

Employees can file a complaint with the Department of Labor and Employment (DOLE) if they believe their rights have been violated.

9. How can I stay updated with changes in employer law in Tagbilaran?

The Department of Labor and Employment (DOLE) provides updates on employment laws and regulations. It is advisable to frequently check their website or subscribe to their updates.

10. Can independent contractors claim the same benefits as regular employees?

No, independent contractors are not considered employees and therefore are not entitled to the benefits that regular employees receive under the law.

Additional Resources

For more information, consider checking updates from the Department of Labor and Employment (DOLE), Philippines' Official Gazette, and relevant labor unions. Various labor law books and online resources also provide rich insights into employer practices and law.

Next Steps

If you need legal assistance in employer law, consider consulting a labor arbitration specialist or a lawyer specializing in labor law. Also, make sure to gather all relevant documents such as employment contract, company policies, payslips, etc., that can support your case. Remember, understanding and exercising your legal rights is essential for a fair employer-employee relationship.

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.