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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.


CAN AN EMPLOYEE CONTRACTUALLY WAIVE HIS RIGHT TO OVERTIME PAY


  • Eight (8) hours a day is the normal hours of work of any employee

  • An employee is entitled to overtime pay for work performed beyond eight (8) hours a day

  • Generally, right to overtime pay cannot be waived

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RIGHTS OF WORKERS UNDER REPUBLIC ACT NO. 11058 OR “AN ACT STRENGTHENING COMPLIANCE WITH OCCUPATIONAL SAFETY AND HEALTH STANDARDS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF”


  • The worker has the right of refusal to work without threat or reprisal from the employer if an imminent danger situation exists in the workplace.

  • Workers and their representatives shall have the right to report accidents.

  • Every employer shall provide his workers, free of charge, personal protective equipment (PPE).

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MAY AN HEIR BE DISINHERITED?


  • An heir may not be allowed by law to receive his inheritance

  • A person may disinherit his heir only through a Will

  • Disinheritance is only for causes expressly stated by law

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MAY COMMON AREAS OF A CONDOMINIUM PROJECT BE ALTERED?


  • Common areas are co-owned by the registered owners of condominium units

  • Common areas may be altered with the approval of the registered owners

  • Common areas may not be mortgaged

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