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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.

 

 


HOW IS NIGHT SHIFT DIFFERENTIAL PAY COMPUTED?


  • Employees who work between 10:00 PM and 6:00 AM are entitled to night shift differential.

  • An employee shall be paid night shift differential of no less than ten percent (10%) of his regular wage for each hour of work performed between 10:00 PM and 6:00 AM.

  • However, not all employees are entitled to night shift differential.

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COMPLETE SEPARATION OF PROPERTY DURING MARRIAGE


  • Future spouses may adopt the regime of Complete Separation of Property in their antenuptial agreement.

  • Under the system of complete separation of properties between the husband and wife, each spouse shall own, dispose of, possess, administer and enjoy his or her own separate estate, without need of the consent of the other.

  • The liability of the spouses to creditors for family expenses shall be solidary.

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WHO ARE CONSIDERED HEIRS UNDER THE LAW? (Part I)


  • An heir is a person who is to succeed the testator in his property or transmissible rights and obligations, or both

  • Heirs are either compulsory or voluntary

  • Compulsory heirs cannot be omitted or excluded from the estate

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WHAT ARE THE EXCLUSIVE PROPERTIES OF SPOUSES IN A CONJUGAL PARTNERSHIP?


  • Property purchased before the marriage and fully paid during the marriage remains to be a separate property of either spouse.

  • In a Conjugal Partnership of Gains, all property acquired during the marriage is presumed to be conjugal unless the contrary is proved.

  • Property bought on installments paid partly from exclusive funds of either or both spouses and partly from conjugal funds belongs to the buyer or buyers if full ownership was vested before the marriage.

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