ALBURO ALBURO AND ASSOCIATES LAW OFFICES ALBURO ALBURO AND ASSOCIATES LAW OFFICES

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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.

 


WHO ARE ENTITLED TO HOLIDAY PAY?


  • Holiday pay refers to the payment of the regular daily wage for any unworked regular holiday.

  • Holiday pay shall apply to employees in all establishments and undertakings whether for profit or not, subject to exceptions.

  • Government employees, managerial employees, field personnel, members of the family of the employer who are dependent on him for support, domestic helpers, persons in the personal service of another, and workers who are paid by results are not entitled to holiday pay

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REQUIREMENT TO UNDERGO A MEDICAL EXAMINATION: A MANAGEMENT PREROGATIVE


  • Every employer has the inherent right to regulate all aspects of employment including dismissal.

  • The requirement to undergo a medical examination is a lawful exercise of management prerogative.

  • Management prerogative is not unlimited.

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CONTINUING ANIMOSITY AS A GROUND FOR TERMINATING A USUFRUCT


usufruct

  • Usufruct is temporary in nature

  • Usufruct may be terminated on the conditions set forth by the naked owner

  • The property subject shall be delivered to the owner upon termination of the usufruct

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MAY AGENCY CONTINUE EVEN AFTER THE DEATH OF THE PRINCIPAL?


  • Agency is terminated upon by the death of the principal.

  • However, agency may continue even after the death of the principal if the agency has been constituted in the common interest of the principal and the agent.

  • Agency may also continue even after the death of the principal if it has been constituted in the interest of a third person.

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