Legal Solutions

31/12/2019

Happy Legal New Year!

18/05/2019

Attendance at Lectures, Meetings, Training Programs and other similar activities is not considered as hours worked if all the following conditions are present:
1. Attendance is voluntary;
2. Attendance is outside of the employee's regular working hours; and
3. The employee does not perform any productive work during such attendance.

07/05/2018

Travel Time
Home to work, work to home travel is not considered as hours work as this is incident to of employment.
However, if the employer requires the employee to deviate from his normal home to work, work to home travel, as for instance, when an employee was ask to deliver or pick-up a message from a customer, the time spent for such travel is considered as hours worked

13/04/2018

The time spent by an employee waiting is considered hours worked:
-if he is engaged to wait;
-if waiting is integral part of his work
This is so because an employee who is engaged to wait is unable to effectively use the time spent for waiting for his own purposes - it is controlled by employer

01/04/2018

Domestic Helpers are exempted from the working conditions prescribed under the Labor Code because of the nature of the work plus the fact that they are not employed in a business undertaking.

Note: Under the domestic workers act domestic workers are now entitled to weekly rest day and service incentive leave

22/03/2018

The reason for exempting managerial employees because it is not feasible to provide maximum hours of labor for them, considering that managerial employees are usually engaged by reason of their special training, experience or knowledge which requires the exercise of discretion and independent judgement

17/03/2018

Government Employees are exempted from the working conditions prescribed under the Labor Code because they are covered by a different laws, particularly the Civil Service Law, the Administrative Code and by their respective charters, in the case of the government owned and controlled corporations

13/03/2018

AUB Business Solutions Inc. - Legal

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05/03/2018

Employees not covered by the working conditions prescribed under the Philippine Labor Code;
1. Government Employees;
2. Managerial Employees;
3. Officers and members of the managerial staff;
4. Field Personnel;
5. Family member of the employer who is dependent on him for support;
6. Domestic Helper (except rest day and service incentive leave)
7. Persons who is in the personnel service of another; and
8. Workers who are paid by result.

28/02/2018

Prescription for Illegal Recruitment:
Local - 3 yrs
Overseas - 5 yrs simple Illegal Recruitment
- 20 yrs Qualified Illegal Recruitment

21/02/2018

Illegal Recruitment if committed by a syndicate or in a large scale, is considered an offense involving economic sabotage hence, a higher penalty is imposed

16/02/2018

Illegal Recruitment is qualified:
2. If its committed in large scale;
-Carried against 3 or more person, individually or as a group