Best Hiring & Firing Lawyers in Mandaue City

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Recososa Law Firm
Mandaue 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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About Hiring & Firing Law in Mandaue City, Philippines

Hiring and firing legal regulations in Mandaue City, Philippines, aim to protect the rights of both employers and employees. These laws govern the process of hiring new employees, setting conditions of employment, and establishing grounds and procedures for termination. Understanding the legal framework surrounding hiring and firing is crucial to maintain a fair and legally compliant work environment.

Why You May Need a Lawyer

There are several situations in which hiring a lawyer can be beneficial in matters related to hiring and firing. Some common scenarios include:

  • When you need assistance in drafting legally sound employment contracts or termination agreements
  • If you are facing wrongful termination or believe your rights as an employee have been violated
  • When you need guidance on compliance with local labor laws and regulations
  • If you are an employer facing legal action from a current or former employee
  • When you require advice on handling disciplinary actions or performance-related issues

Local Laws Overview

When it comes to Hiring & Firing in Mandaue City, Philippines, the following key aspects of local laws are particularly relevant:

  • Mandatory employee benefits, such as minimum wage, overtime pay, holiday pay, and social security contributions
  • Requirements for written employment contracts, including necessary provisions and duration limitations
  • Grounds and procedural requirements for lawful termination of employees, including due process and notice periods
  • Regulations on probationary employment and its limitations
  • Laws prohibiting discrimination and harassment in the workplace

Frequently Asked Questions

Q: Can I terminate an employee without cause?

A: Under Philippine labor laws, employers generally cannot terminate employees without just or authorized cause. However, for probationary employees or those on a fixed-term contract, termination without cause may be permissible provided proper notice is given.

Q: What is the required notice period for termination?

A: The notice period for termination varies depending on the length of an employee's service. For employees with less than six months of service, one month's notice or one month's salary in lieu of notice is typically required. For those with more than six months of service, notice must be given at least 30 days in advance.

Q: What constitutes wrongful termination?

A: Wrongful termination can occur if an employer terminates an employee without just or authorized cause, without following proper termination procedures, or in violation of the employee's rights under labor laws. It is recommended to seek legal advice when you believe you have been wrongfully terminated.

Q: Can I legally dismiss an underperforming employee?

A: Underperformance can be considered a valid ground for termination, but it's important to follow proper procedures. Employers should provide notice to the employee, give them an opportunity to improve, and document any performance issues. Seeking legal advice on how to best handle underperforming employees is advisable.

Q: What government agencies handle labor-related concerns in Mandaue City?

A: The labor-related concerns in Mandaue City, Philippines, are primarily handled by the Department of Labor and Employment (DOLE) and its regional office, as well as the National Labor Relations Commission (NLRC). These agencies can provide information on labor laws, assistance in resolving disputes, and further guidance for both employers and employees.

Additional Resources

  • Department of Labor and Employment (DOLE) - Visit dole.gov.ph for comprehensive information on labor laws and regulations in Mandaue City, Philippines.
  • National Labor Relations Commission (NLRC) - For dispute resolution and filing complaints, visit nlrc.dole.gov.ph.
  • Integrated Bar of the Philippines (IBP) - Mandaue City Chapter - Seek advice and assistance from lawyers specializing in labor and employment law. Contact details can be found at ibp.ph.

Next Steps

If you require legal assistance specifically related to Hiring & Firing in Mandaue City, Philippines, it is advisable to consult with an experienced attorney specializing in labor and employment law. They can provide personalized guidance based on your unique circumstances and ensure your rights and obligations are protected throughout the process.

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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.