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Philippines Employment & Labor Legal Questions answered by Lawyers

Browse our 10 legal questions about Employment & Labor in Philippines and the lawyer answers, or ask your own questions for free.

The company I previously worked with said that I should submit my notarized quitclaim document before they give me my final paycheck. I witnessed that they did this to the previous employees too. Is that right?
Employment & Labor
Employment Benefits & Executive Compensation
Hello:What you are experiencing is a very common concern among employees in the Philippines. Under the Labor Code, your employer has the obligation to release your final pay which normally includes unpaid wages, pro-rated 13th month pay, and any unused leave conversions if applicable. The Department of Labor and Employment (DOLE) has issued Labor Advisory No. 6, Series of 2020, which requires employers to release final pay within thirty days from separation, regardless of the reason for separation.A quitclaim, on the other hand, is a waiver that the employer usually asks employees to sign stating that they have received their final pay and have no further claims against the company. While quitclaims are not illegal, they must be voluntarily signed and cannot be used to deprive you of what is legally due. The Supreme Court has ruled many times that a quitclaim will not bar an employee from pursuing claims if it was signed under undue pressure or without full and correct payment.In your situation, a.) you have the right to review your payslip or computation first to ensure correctness before signing any quitclaim, b.) the employer should release your final pay within the thirty-day period even if you have not yet signed, because that is a statutory right, and c.) if the company insists on withholding your final pay until you sign, you may file a complaint at the nearest DOLE office for illegal withholding of wages.We at Recososa Law Firm handle labor and employment cases like this. We have offices in Luzon, Visayas and Mindanao. We can schedule an initial consultation via google meet or zoom call, or you may also visit us in our office. You may send us an email at recososalawfirm@gmail.com and please indicate that you are a client from LawZana, or call or text us at +639175046510.If this answers your concern, I hope it is not too much to ask to like and share our pages. This will truly inspire us to help more people:Google Page:https://g.page/r/CW7ozgJGLkAMEAI/reviewFacebook Page:https://www.facebook.com/RecososaLawFirmSincerely,ATTY. JOFRE B. RECOSOSAOwner/Managing PartnerRecososa Law FirmE-mail: recososalawfirm@gmail.comMobile/Viber/WhatsApp: +63-917-504-6510
what should i do if i commit disobedience or did not follow protocol in my job?
Employment & Labor
I can help you, contact me via WhatsApp: +38970704335Best Regards,
Agreement Contact
Employment & Labor
Contract
Contact me via mail paulohimatt@gmail.com or call/Whatsapp +2348089901606

About Employment & Labor Law in Dinalupihan, Philippines:

Employment & Labor law in Dinalupihan, Philippines governs the relationship between employers and employees. It ensures fair treatment of employees, protection of their rights, and establishes guidelines for workplace practices. These laws aim to create a harmonious working environment for both parties.

Why You May Need a Lawyer:

There are several situations where seeking legal help in Employment & Labor in Dinalupihan, Philippines may be necessary:

- Termination or dismissal disputes

- Unpaid wages or benefits

- Discrimination or harassment in the workplace

- Violation of labor standards or contractual obligations

- Collective bargaining or union-related matters

Having a lawyer by your side can ensure that your rights are protected and provide guidance on the appropriate legal actions to take.

Local Laws Overview:

In Dinalupihan, Philippines, several key aspects of local labor laws are particularly relevant:

- Labor Code: The Philippine Labor Code outlines the rights and obligations of employers and employees, including minimum wage, working hours, leave benefits, and employment termination procedures.

- Gender Equality: The Magna Carta of Women promotes gender equality in the workplace, prohibiting discrimination based on sex, pregnancy, or marital status.

- Occupational Safety and Health: The Occupational Safety and Health Standards Act sets guidelines for maintaining a safe and healthy working environment.

Frequently Asked Questions:

Q1: What is the minimum wage in Dinalupihan, Philippines?

A1: As of 2021, the minimum wage in Dinalupihan is ____ pesos per day for non-agricultural workers.

Q2: Can my employer terminate me without a valid reason?

A2: No, your employer cannot terminate you without just or authorized cause as defined by the Labor Code of the Philippines.

Q3: How many hours can I be required to work in a day?

A3: The standard work hours are 8 hours per day. Any work beyond that should be compensated as overtime.

Q4: What should I do if I experience workplace harassment?

A4: Report the harassment to your employer or HR department immediately. If the issue persists, you can file a complaint with the Philippine Commission on Human Rights.

Q5: Can I join a labor union in Dinalupihan?

A5: Yes, employees have the right to form, join, or assist labor unions for collective bargaining purposes, as long as the necessary requirements are met.

Additional Resources:

- Department of Labor and Employment (DOLE) - www.dole.gov.ph

- National Labor Relations Commission (NLRC) - www.nlrc.dole.gov.ph

- Commission on Human Rights (CHR) - www.chr.gov.ph

Next Steps:

If you require legal assistance in Employment & Labor in Dinalupihan, Philippines, here's what you can do:

1. Gather all relevant documents and evidence related to your case.

2. Consult with a reputable employment lawyer who specializes in Employment & Labor law.

3. Provide your lawyer with a clear account of the situation and discuss your desired outcomes.

4. Follow your lawyer's guidance on the appropriate legal actions to take.

Remember, seeking legal advice promptly can protect your rights and increase the chances of a favorable resolution.

Lawzana helps you find the best lawyers and law firms in Dinalupihan through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Employment & Labor, experience, and client feedback. Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters. Get a quote from top-rated law firms in Dinalupihan, Philippines - quickly, securely, and without unnecessary hassle.

Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation. We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.