Best Employment & Labor Lawyers in Mandaue City
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List of the best lawyers in Mandaue City, Philippines
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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?
- 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?
- I can help you, contact me via WhatsApp: +38970704335Best Regards,
- Agreement Contact
- Contact me via mail paulohimatt@gmail.com or call/Whatsapp +2348089901606
About Employment & Labor Law in Mandaue City, Philippines
Employment & Labor law in Mandaue City, Philippines refers to the rules and regulations that govern the relationship between employers and employees. These laws protect the rights of both parties and ensure fair treatment in the workplace. Understanding these laws is essential to ensure a harmonious and lawful work environment.
Why You May Need a Lawyer
There are several situations where you may require legal help in Employment & Labor matters. Some common reasons include:
- Wrongful termination or unfair dismissal
- Discrimination or harassment in the workplace
- Violation of labor standards and entitlements
- Contract disputes or negotiation
- Workplace injuries or safety issues
Having a lawyer can provide guidance, representation, and help you assert your rights effectively.
Local Laws Overview
In Mandaue City, Philippines, employment and labor matters are governed by various laws, including:
- Philippine Labor Code
- Republic Act No. 6715 (Hiring of Workers in the Private Sector)
- Republic Act No. 10911 (Anti-Age Discrimination in Employment Act)
- Republic Act No. 11210 (Expanded Maternity Leave Law)
- Local ordinances and regulations specific to Mandaue City
These laws cover areas such as minimum wages, working hours, benefits, healthcare, occupational safety, and employment contracts. It's crucial to be familiar with these laws to understand your rights and obligations.
Frequently Asked Questions
1. Can my employer terminate my contract without a valid reason?
Under the Philippine Labor Code, there are specific grounds for a valid termination. If your employer terminates your contract without a valid reason, it may be considered unfair dismissal. Consult a lawyer to assess your situation and determine the appropriate legal action.
2. What should I do if I experience workplace discrimination?
If you face discrimination based on gender, age, disability, religion, or other protected characteristics, you should gather evidence and report the incidents to your employer or human resources department. If the issue is not resolved internally, consult a lawyer who specializes in Employment & Labor laws to explore legal remedies.
3. Am I entitled to overtime pay?
According to Philippine labor laws, employees who work beyond the regular eight-hour workday or 40 hours per week are entitled to overtime pay. The rate of overtime pay varies depending on the circumstances. Consult your employment contract and the labor laws to understand your entitlements.
4. What is the minimum wage in Mandaue City?
The minimum wage in Mandaue City depends on the classification of the employee or sector. There are different wage levels set for non-agricultural, agricultural, retail, and services sectors. You can refer to the National Wages and Productivity Commission or consult a lawyer to determine the current minimum wage applicable to your situation.
5. Can I negotiate the terms of my employment contract?
Yes, you can negotiate the terms of your employment contract, including salary, benefits, working hours, and leave entitlements. It is crucial to review the contract thoroughly and seek legal advice before signing. A lawyer can help ensure that your rights and interests are protected during negotiations.
Additional Resources
- Department of Labor and Employment (DOLE) - Visit their website for labor-related information, regulations, and contact details: http://dole.gov.ph/
- National Conciliation and Mediation Board (NCMB) - Provides dispute resolution services and guidelines related to labor issues: http://www.ncmb.gov.ph/
- Mandaue City Government - Contact the local government for specific ordinances and regulations concerning employment and labor in Mandaue City.
Next Steps
If you require legal assistance in Employment & Labor matters in Mandaue City, Philippines, follow these steps:
- Gather all relevant documents, such as employment contracts, payslips, and evidence of any incidents or violations.
- Research and identify reputable lawyers or law firms specializing in Employment & Labor law in Mandaue City.
- Schedule a consultation with a lawyer to discuss your situation and get legal advice.
- If necessary, engage the services of a lawyer to represent you and protect your rights.
- Follow your lawyer's guidance and instructions to navigate the legal process.
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.