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.
Business Law and Labor Law Updates
A Jumpstart on Your Job Hunt: An Overview of Republic Act No. 11261, otherwise known as “The First Time Jobseekers Assistance Act”
Due to the endless streak of issues of unemployment in the Philippines and in recognition of the Government of its important role in giving opportunities of employment to all, Republic Act No. 11261 (RA 11261) or the First Time Jobseekers Assistance Act was enacted. This is also in line with the mandate of the Philippine Constitution which states that the State affirms labor as a primary social economic force (Read here). This mandate can be further realized through enactment of laws which prefer the use of Filipino Labor, adoption of measures that help make them competitive (Read here) and promotion of equality of employment opportunities to all (Read here) by giving easier access to such opportunities.
The Different Grounds for Termination of Employment
Termination of Employment means to sever the employer-employee relationship, and put an end on an employee’s current work. It can be made by the Employee through Resignation or by the Employer for just or authorized causes, as provided in the Labor Code of the Philippines.
Termination by Employee
Resignation
Resignation is the voluntary act of an employee who is in a situation where one believes that personal reasons cannot be sacrificed in favor of the exigency of the service, and one has no other choice but to dissociate oneself from employment. It is a formal pronouncement or relinquishment of an office, with the intention of relinquishing the office accompanied by the act of relinquishment. As the intent to relinquish must concur with the overt act of relinquishment, the acts of the employee before and after the alleged resignation must be considered in determining whether in fact, he or she intended to sever from his or her employment (Iladan v. La Suerte International Manpower Agency, Inc., et.al., G.R. No. 203882, dated January 11,2016).
Is Bonus a Demandable Right of an Employee?
Bonus is an extra amount of money given as a reward to employees by reason of satisfactory work performance. It may be in a form of mid-year bonus, performance-based bonus, or Christmas bonus. Bonuses are a great tool to boost the work attitude of employees for them to improve their work performance making them more competent. Also, employees look forward to receiving bonuses as a reward for their hard work, and commitment to their job. However, is bonus a demandable right of an employee?
Decoding the Role of the Electronic Commerce Act of 2000 (Republic Act No. 8792) in Business
Modern technology in the form of information technology and communication plays a vital role in nation-building. With the enactment of Republic Act No. 8792 (RA 8792) or the Electronic Commerce Act of 2000, the information and communications technology modernized consumer transactions which made an impact on the Philippine legal system.
Objectives of Electronic Commerce Act
RA 8792 aims to facilitate domestic and international dealings, transactions, arrangements agreements, contracts and exchanges and storage of information through the utilization of electronic, optical and similar medium, mode, instrumentality and technology to recognize the authenticity and reliability of electronic documents related to such activities and to promote the universal use of electronic transaction in the government and general public (Sec. 3 of RA 8792). In view thereof, consumers and businessmen may transact and consummate contracts through legal electronic means provided in RA 8792.
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