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

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June 1, 2022

Legal Developments

 


THE CRIME OF BLACKMAILING


  • Blackmailing is equivalent to and synonymous with extortion.

  • Blackmailing is done by obtaining of value from a person as a condition of refraining from making an accusation against him, or disclosing some secret calculated to operate to his prejudice.

  • The gravamen of blackmailing is the intent to extort money or other thing of value.

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MAY AN EMPLOYER DISMISS AN EMPLOYEE FOR ANY REASON WITHOUT NOTICE?


  • An employer shall not dismiss an employee unless there is just cause or when authorized by the law.

  • An employee who is unjustly dismissed from work shall be entitled to reinstatement without loss of seniority rights and other privileges and to his full backwages, inclusive of allowances, and to his other benefits or their monetary equivalent computed from the time his compensation was withheld from him up to the time of his actual reinstatement.

  • In determining whether an employee’s dismissal had been legal, the inquiry focuses on whether the dismissal violated his right to substantial and procedural due process.

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WHAT ARE THE INSTANCES WHEN AN EMPLOYER MAY COMPEL HIS/HER EMPLOYEES TO WORK ON A REST DAY?


  • It shall be the duty of every employer, whether operating for profit or not, to provide each of his employees a rest period.

  • No employee shall be required against his will to work on his scheduled rest day except under the circumstances provided therein where work on such rest day may be compelled.

  • An employer may require any of his employees to work on his scheduled rest day for the duration of the following emergencies and exceptional conditions enumerated under the Labor Code.

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WHAT ARE THE RULES ON MEAL AND REST PERIODS OF EMPLOYEES?


  • It shall be the duty of every employer to give his employees not less than sixty (60) minutes time-off for their regular meals.

  • Since the employees are no longer required to work during this one-hour lunch break, there is no more need for them to be compensated for this period.

  • Rest periods or coffee breaks running from five (5) to twenty (20) minutes shall be considered as compensable working time.

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