R. Tañedo Law Office

31/12/2022

Happy New Year!!

22/11/2022

In response to the query on the prescriptive period of money claims before the National Labor Relations Commission, please note that money claims have to be filed within 3 years from the time these should have been paid by the employer; otherwise, these will barred from being asserted.

21/04/2022

In response to the query as to whether a complaint for illegal dismissal before the NLRC survives the death of the complainant, please note that such action is in personan or against the person of the complainant, which as such does NOT survive his death and is extinguished. On the other hand, were the wrong complained of affects principally property rights, such as non-payment of wages etc., these shall survive the death of the complainant.

27/10/2021

https://www.rappler.com/nation/court-appeals-mandaluyong-rule-vs-male-backrider-unconstitutional?utm_medium=Social&utm_campaign=Echobox&utm_source=Facebook =1635293122

It violates equal protection as there's no substantial distinction between a male and a female back rider, says the Court of Appeals

30/09/2021

In response to the query as to whether in a manpower service agreement, the parties may agree on a administrative fee higher than that which is prescribed by DOLE Department Order No. 18-A, please note that Section (b) ii of said DO merely provides the minimum of 10% of the contract price. This means that if the parties agree to a higher percentage for their fees there is nothing in the law which prohibits the same.

Please note also that in 2017 DOLE issued Department Order No. 174, which altogether omitted the provision on the 10% minimum administrative fee, consequently allowing service providers to now freely negotiate their contract prices.

21/08/2021

https://sc.judiciary.gov.ph/20631/

04/08/2021

Please take note that the Supreme Court has extended until 31 December 2021 the validity of notarial commission expiring in 2019, as per the Court's Resolution, dated 22 June 2021. Kindly refer to the link below for particulars-

28/03/2021

A blessed Palm Sunday to all!

24/12/2020

Merry Christmas to everyone!!

06/07/2020

The word "retrenchment" has been used quite often lately. What does it really mean?

In a case decided by our Supreme Court, retrenchment has been defined as-

“Retrenchment is the termination of employment initiated by the employer through no fault of and without prejudice to the employees. It is resorted to during periods of business recession, industrial depression, or seasonal fluctuations or during lulls occasioned by lack of orders, shortage of materials, conversion of the plant for a new production program or the introduction of new methods or more efficient machinery or of automation. It is an act of the employer of dismissing employees because of losses in the operation of a business, lack of work, and considerable reduction on the volume of his business.”

29/05/2020

For the public's information.