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

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June 1, 2022

Legal Developments

 


HOW IS ILLEGAL RECRUITMENT COMMITTED?


  • Recruitment and placement refer to any act of canvassing, enlisting, contracting, transporting, utilizing, hiring, or procuring workers.

  • Recruitment also includes referrals contract services, promising, or advertising for employment, locally or abroad, whether for profit or not.

  • There are two main types of illegal recruitment: simple illegal recruitment; and illegal recruitment as economic sabotage.

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WHAT IS THE POWER OF THE CORPORATION TO INCREASE OR DECREASE CAPITAL STOCK OR INCUR, CREATE, INCREASE BONDED INDEBTEDNESS?


  • Section 37 of the Revised Corporation Code of the Philippines (RCCP) or the power of the corporation to increase or decrease capital stock or incur, create, increase bonded indebtedness, is procedural in nature.

  • Bonded indebtedness is a long-term indebtedness secured by real or personal property that are covered by bond certificates.

  • An endorsement or clearance from other agencies is obtained, if applicable, and the endorsement from the SEC must be submitted to consider the authorized capital stock/bonded indebtedness increased, incurred, or decreased.

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MAY THE REFUSAL OF AN EMPLOYEE TO SUBJECT HIMSELF TO A DRUG TEST BE CONSIDERED AS A JUST CAUSE FOR TERMINATION OF HIS EMPLOYMENT?


  • An employer may terminate an employment due to willful disobedience by the employee of the lawful ordeers of his employer or representative in connection with his work.

  • The disobedience or insubordination must be willful or intentional characterized by a wrongful and perverse attitude.

  • The order violated must be reasonable, lawful, an made known to the employee and must pertain to the duties which he has been engaged to discharge.

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WHAT ARE PRE-NEED PLANS?


  • Pre-need plans refers to contracts that provide for the performance of future service, payment of monetary consideration or delivery of other benefits at the time of actual need or agreed maturity date of the contract.

  • This includes life, pension, education, interment, and other plans, instruments or contracts.

  • All pre-need companies are supervised and regulated by the Insurance Commission.

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