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

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June 1, 2022

Legal Developments

 


IS THE IMPOSITION OF PRODUCTIVITY STANDARDS A MANAGEMENT PREROGATIVE?


  • An employer has the inherent right to regulate all aspects of employment.

  • This includes hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees.

  • Failure to observe prescribed standards of work, or to fulfill reasonable work assignments due to inefficiency may constitute just cause for either dismissal.

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WHAT ARE THE PROHIBITED PRACTICES IN CONDUCTING RECRUITMENT FOR LOCAL EMPLOYMENT?


  • Government agencies and duly-registered non-government organizations, thereby, are called to protect and promote the welfare of Filipino jobseekers.

  • Local illegal recruitment is committed in two ways. First, is when acts are undertaken by a non-licensee or non-holder of authority.

  • Second includes acts which have been declared as prohibited are committed by any person, whether or not a holder of a license or authority.

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CAN EXPECTED BUSINESS LOSSES IN THE BUSINESS OF THE EMPLOYER BE A VALID JUSTIFICATION FOR RETRENCHMENT?


  • Retrenchment is the authorized reduction of personnel because of losses or imminent losses of the business.

  • The losses expected should be substantial and not merely de minimis in extent.

  • The alleged business losses must be proved by sufficient and convincing evidence.

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WHAT ARE THE PROHIBITED PRACTICES IN CONDUCTING RECRUITMENT FOR OVERSEAS EMPLOYMENT?


  • Our laws afford protection to our workers, whether employed locally or abroad.

  • The first classification of illegal recruitment is when acts are undertaken by a non-licensee or non-holder of authority

  • The second classification is when acts are done by any person, whether a non-licensee, non-holder, licensee, or holder of authority legitimate sources.

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