Best Employment & Labor Lawyers in Lapu-Lapu City

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Recososa Law Firm

Recososa Law Firm

15 minutes Free Consultation
Lapu-Lapu City, Philippines

Founded in 2020
11 people in their team
English
Tagalog
All Specialization Law Firm & Notary Public located at the heart of Cebu City In IT Park Lahug. From Commercial Law, Labor Law, Immigration Law, Criminal Law such as Estafa, Cybercrime like Cyberlibel, Defamation, Fraud, Criminal Prosecution, Civil Law, Land Dispute, Land Registration,...
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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 Lapu-Lapu City, Philippines

Employment and labor laws in Lapu-Lapu City, located within the Central Visayas region of the Philippines, are crucial for ensuring fair treatment and equitable rights within the workplace. The regulations in this city are governed by the national Labor Code of the Philippines, alongside regional ordinances that may address specific local issues. These laws cover various aspects of employment, including wage policies, working conditions, health and safety standards, employment contracts, and workers' rights.

Why You May Need a Lawyer

There are several scenarios where individuals may seek legal advice in the field of employment and labor. Common situations include disputes over wrongful termination, discrimination, unpaid wages, workplace harassment, and contract violations. Employers facing litigation or needing to navigate the complexities of labor laws, especially when dealing with employee grievances, may also benefit from legal counsel. Furthermore, understanding the rights and responsibilities from both an employer's and an employee's perspective can prevent potential disputes and foster a harmonious work environment.

Local Laws Overview

Lapu-Lapu City adheres to the national Labor Code while also embracing additional regulations suited to its local context. Key aspects include provisions for minimum wage, mandated benefits such as the 13th-month pay, and overtime requirements. Workers are entitled to a safe working environment, and businesses must comply with occupational health and safety standards. Moreover, laws concerning employment termination require just or authorized causes and a proper notification period. Familiarity with dispute resolution mechanisms, including labor arbitration and mediation, is also an integral part of the local employment landscape.

Frequently Asked Questions

What is the minimum wage in Lapu-Lapu City?

The minimum wage in Lapu-Lapu City, as part of the Central Visayas region, is subject to periodic adjustments by the Regional Tripartite Wages and Productivity Board. It varies depending on the industry and the type of work.

Is it mandatory to provide 13th-month pay?

Yes, it is mandatory under Philippine law to provide 13th-month pay to employees, equivalent to one-twelfth of an employee's annual salary, paid before December 24 each year.

What steps should be taken if I experience workplace harassment?

If you experience workplace harassment, it is advisable to report the incident to your HR department. Document all instances and, if necessary, consult with a lawyer specializing in employment law to explore further legal options.

When is overtime pay applicable, and how is it calculated?

Overtime pay applies to work performed beyond the standard 8-hour workday. It is generally calculated at a rate of 125% of the regular pay rate during regular days, and higher rates apply on rest days and holidays.

Are there specific laws for foreign workers in Lapu-Lapu City?

Foreign workers are subject to the same labor laws as locals but must secure appropriate work permits and visas. Employers hiring foreign nationals must comply with documentation and reporting requirements.

How can an employment contract be legally terminated?

An employment contract can be legally terminated for just causes such as gross misconduct, habitual neglect, or fraud. Proper notice must be given, and procedures outlined in the Labor Code followed.

What benefits are employees entitled to under the law?

Employees are entitled to several benefits, including SSS, PhilHealth, Pag-IBIG Fund, overtime pay, night shift pay, rest days, service incentive leaves, and more, depending on the terms of employment.

Can an employer require employees to work on holidays?

Employers can require work on holidays but must compensate employees at a higher rate as specified by labor laws, usually at 200% of the basic pay rate.

How do I address unpaid wages or benefits?

If unpaid wages or benefits occur, address the issue with your employer first. If unresolved, file a complaint with the Department of Labor and Employment (DOLE) or consider legal action.

What are the grievance handled by the National Labor Relations Commission (NLRC)?

The NLRC handles grievances related to unfair labor practices, termination disputes, wage claims, and other employment-related conflicts.

Additional Resources

There are numerous resources that can be valuable for those seeking assistance with employment and labor issues in Lapu-Lapu City. The Department of Labor and Employment (DOLE) is a primary government body that provides support and information. Other organizations include the National Labor Relations Commission (NLRC) for dispute resolution and non-government organizations that offer free legal clinics and advice.

Next Steps

If you need legal assistance in employment and labor, begin by gathering all relevant documentation related to your case, including employment contracts, correspondence, and any evidence of disputes or issues. Research and contact a reputable lawyer specializing in labor law in Lapu-Lapu City. It may also be useful to schedule a consultation with governmental bodies such as DOLE or seek non-governmental organizations that provide legal support and advice. Being informed and prepared will allow you to make the best decisions in addressing your concerns effectively.

Lawzana helps you find the best lawyers and law firms in Lapu-Lapu City 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 Lapu-Lapu City, 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.