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

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June 1, 2022

Legal Developments

 


WHO HAS AUTHORITY TO INQUIRE INTO BANK DEPOSITS?


  • The AMLC may inquire into or examine any particular deposit or investment with any banking institution or non-bank financial institution upon order of any competent court in cases of violation of the Anti-Money Laundering Act.

  • The AMLC may only do so when it has been established that there is probable cause that the deposits or investments involved are in any way related to a money laundering offense.

  • Money laundering is a crime whereby the proceeds of an unlawful activity are transacted, thereby making them appear to have originated from legitimate sources.

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WHAT ARE THE PRINCIPLES IN DETERMINING HOURS WORKED?


  • Compensable hours worked includes all time during which an employee is required to be on duty or to be at the employer’s premises or to be at a prescribed workplace.

  • Compensable hours likewise include all time during which and employee is suffered or permitted to work

  • The employer retains the management prerogative, whenever exigencies of the service so require, to change the working hours of its employees.

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WHAT IS THE OBLIGATION OF CONFIDENTIALITY UNDER THE ELECTRONIC COMMERCE ACT OF 2000?


  • Access to an electronic file, or an electronic signature of an electronic data message or electronic document shall only be authorized and enforced in favor of the individual or entity having a legal right.

  • No electronic document or message shall be denied legal effect because it is in electronic form and that it does not discriminate between types of technology.

  • Due to the nature of information collected, the protection of users, in particular with regard to privacy, confidentiality, anonymity and content control shall be pursued through policies driven by choice, individual empowerment, and industry-led solutions.

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DOES THE CONTINUOUS REHIRING OF A PROJECT EMPLOYEE MAKE HIM A REGULAR EMPLOYEE?


  • A project employee is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee.

  • Where the employment of a project employee is extended long after the supposed project has been finished, such employee is removed from the scope of project employment and is considered regular employee.

  • A project employee may become a regular employee if there is continuous rehiring of project employees even after the cessation of a project for the same tasks or nature of tasks and the tasks performed by the alleged project employee are vital, necessary, and indispensable to the usual business or trade of the employer.

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