Best Employment & Labor Lawyers in Tagbilaran
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List of the best lawyers in Tagbilaran, 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 Tagbilaran, Philippines
The field of employment and labor law in Tagbilaran, Philippines, covers a comprehensive range of issues related to workplace and labor disputes. This includes matters such as minimum wage enforcement, wrongful termination, workplace harassment, and discrimination, as well as claims related to benefits and overtime issues. The policies regulating such matters are enforced by the Philippines Department of Labor and Employment (DOLE) and are supplemented by local labor policies whenever necessary.
Why You May Need a Lawyer
There are many situations where an individual might require the assistance of a lawyer specializing in Employment & Labor law. If an individual is wrongfully terminated from their job, a lawyer can help them understand their rights and possibly fight for compensation or reinstatement. If a worker believes they are the victim of workplace harassment or discrimination, a lawyer can help them file a case against their employer. Also, if a dispute arises regarding employment benefits, wage and overtime, legal advice from a knowledgeable professional can be invaluable.
Local Laws Overview
The Republic Act No. 6727, or the Wage Rationalization Act, mandates the standards for minimum wage and working conditions in the Philippines, including Tagbilaran. Concerning equal opportunity, Republic Act No. 7277, also known as the Magna Carta for Disabled Persons, prohibits discrimination of any form towards persons with disabilities, including in the workplace. The Anti-Sexual Harassment Act of 1995 (Republic Act 7877) also provides strong workplace protections against sexual harassment. These are supplemented by local labor ordinances whenever necessary.
Frequently Asked Questions
What types of legal issues fall under Employment & Labor law?
Issues such as wrongful termination, discrimination or harassment at the workplace, wage disputes, and issues related to benefits and working conditions all fall under Employment & Labor law.
Can I sue my employer for wrongful termination?
Yes, depending upon the circumstances of your termination, you may have grounds to sue your employer for wrongful termination.
What are the working hours as per Philippine law?
Under normal circumstances, the Philippines' labor laws dictate a maximum of eight hours of work per day.
What is considered workplace harassment in the Philippines?
Workplace harassment includes offensive, belittling or threatening behavior directed at an individual worker or a group of workers. The Republic Act 7877, or the Anti-Sexual Harassment Act, also specifically provides protection against sexual harassment in the workplace.
Is overtime mandatory in the Philippines?
No, overtime is not mandatory. However, if a worker agrees, they must be paid additional pay for work performed beyond eight hours.
What is the minimum wage in Tagbilaran?
The minimum wage in Tagbilaran varies depending upon the classification of the business. As such, it's advisable to consult the Department of Labor and Employment's Regional Office for the most accurate information.
What rights do I have if I'm discriminated at work?
You have the right to file a complaint with the Department of Labor and Employment (DOLE). You might also have grounds to sue for wrongful treatment.
What should I do if I'm not receiving the benefits due to me?
If you believe your employer is unlawfully withholding benefits, you can seek legal counsel and possibly take your case to the DOLE.
When should I seek the aid of a lawyer?
If you are experiencing any form of workplace dispute or unlawful treatment that cannot be resolved through internal company channels, it would be advisable to seek legal advice.
Can I sue my employer for not following safety protocols?
Yes, you can. The Occupational Safety and Health Standards Act ensures your right to a safe and healthful workplace. Employers who violate these rules can be held accountable.
Additional Resources
The Department of Labor and Employment (DOLE) is the main governmental body tasked with overseeing labor laws compliance. Additionally, local organizations such as the Trade Union Congress of the Philippines (TUCP) can provide assistance in labor dispute resolution. Other national programs, such as the Workers Organization Development Program (WODP), also offer resources for worker training and development.
Next Steps
If you believe you need legal assistance for an Employment & Labor issue, it's important to consult with a knowledgeable lawyer.(Often, local NGOs or legal aid societies offer free or low-cost consultations, and they can clarify all your rights and legal options.) Make sure to gather all related documents that can support your case. This could include contract agreements, pay stubs, records of incidents, or correspondence related to your employment issue.
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.