Best Employment & Labor Lawyers in Tagbilaran

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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...
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employer bounced check due to no fund; blames employee
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No. It is not right. 
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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 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.