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June 1, 2022

Business Law and Labor Law Updates

The topics below may be relevant to your daily activities, especially those which involve business law, labor law, and other legal areas of your business.

 

 


Barbershops & Salons during GCQ


To bring back the jobs of the estimated 400,000 workers in the industry working in over 35,000 barbershops and salons, Inter-Agency Task Force (IATF) allowed the opening of barbershops and salons provided very strict health standards shall be adopted in order to prevent any risk of COVID-19 transmission. Barbershops and salons in areas declared under General Community Quarantine (GCQ) can begin to reopen starting June 7, 2020 at thirty percent (30%) operational capacity. The operational capacity can gradually increase to fifty percent (50%) after two (2) weeks provided that venue capacity allows for social distancing protocols and such businesses are compliant with the proper protocols prescribed by the DTI.

 

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CONCEPT OF NO WORK, NO PAY


The principle or concept of “No Work, No Pay” is the basic factor in determining the employees’ wage.

This principle was explained in the case of Aklan Electric Cooperative Incorporated (AKELCO) v. NLRC, Retiso, G.R. No. 121439, January 25, 2000.

The complainants in this case were employees of AKELCO which has a main office located at Lezo, Aklan.

 

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TULONG PANGKABUHAYAN SA ATING DISPLACED AT DISADVANTAGED WORKERS (TUPAD) PROGRAM


One of the Philippine government’s several and available assistance for displaced workers due to mitigating measures taken to combat COVID-19 is the “Tulong Pangkabuhayan sa Ating Displaced at Disadvantaged Workers (TUPAD) Program”.

What is TUPAD Program? Under DOLE Order No. 137-14, Series of 2014 (Guidelines in the implementation of the Department of Labor and Employment Integrated Livelihood and Emergency Employment Program), TUPAD program is a community-based (Municipality/Barangay) package assistance that provides emergency employment for displaced workers, underemployed, unemployed poor, for a minimum period of ten (10) days, but not to exceed a maximum of thirty (30 days), depending on the nature of work to be performed.

 

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Operations of Malls and Shopping Centers in Areas Declared Under General Community Quarantine (GCQ)


Under the Omnibus Guidelines on Community Quarantine issued by the Inter Agency Task Force (IATF) dated 29 April 2020, limited operations in malls and shopping centers are allowed except for leisure establishments and services which shall continue to be closed. The establishments and services allowed to operate in malls and shopping centers may only operate at maximum of 50% work-on-site arrangement. Further, those ages below 21 years old, and those 60 years old and above may not enter malls and shopping centers, except when indispensable under the circumstances for obtaining essential goods and services or for work in establishments located therein.

 

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