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

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June 1, 2022

Legal Developments

 


WHAT IS THE DOCTRINE OF STRAINED RELATIONS?


  • Where the relationship of the employer with the employee is so strained and ruptured as to preclude a harmonious working relationship, the employee should be afforded the right to a separation pay.

  • The payment of separation pay is considered an acceptable alternative to reinstatement when the latter option is no longer desirable or viable.

  • The doctrine of strained relations should not be used recklessly or applied loosely nor be based on impression alone.

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ARE PART-TIME WORKERS IN THE PRIVATE SECTOR ENTITLED TO RETIREMENT BENEFITS?


  • Any employee may be retired upon reaching the retirement age.

  • The Retirement Pay Law shall apply to all employees in the private sector, regardless of their position, designation or status and irrespective of the method by which their wages are paid.

  • They shall include part-time employees, employees of service and other job contractors and domestic helpers or persons in the personal service of another.

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WHAT IS THE LEGAL RECOGNITION OF ELECTRONIC SIGNATURES?


  • An electronic signature relating to an electronic document or electronic data message shall be equivalent to the signature of a person on a written document.

  • A “digital signature” is likewise referred to as an electronic signature.

  • To identify the party sought to be bound by an electronic signature, numerous factors are taken into consideration.

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WHAT IS THE “SAFE HARBOR PROVISION” IN ANTI-MONEY LAUNDERING ACT?


  • Electronic documents shall have the legal effect, validity or enforceability as any other document or legal writing.

  • The term “electronic document” may be used interchangeably with electronic data message.

  • The legal recognition of electronic documents may be in writing or in electronic form.

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