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

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June 1, 2022

Legal Developments

 


WHAT ARE THE RIGHTS OF AN EMPLOYEE UNDER R.A. NO. 11165 OR THE TELECOMMUTING ACT OF 2018?


  • Telecommuting refers to a work from an alternative workplace with the use of telecommunications and/or computer technologies.

  • An employer in the private sector may offer a telecommuting program to its employees on a voluntary basis and upon such terms and conditions as they may mutually agree upon.

  • Such terms and conditions agreed upon by the employer and the employee shall not be less than the minimum labor standards set by law.

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WHAT IS THE PRESUMPTION RELATING TO ELECTRONIC SIGNATURES?


  • Electronic Signature represents the identity of a person and is executed or adopted by such person with the intention of authenticating or approving an electronic data message or electronic document.

  • The electronic signature is the signature of the person to whom it correlates.

  • The electronic signature was affixed by that person with the intention of signing or approving the electronic document.

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CAN THE DATA PRIVACY ACT OF 2012 HAVE EXTRATERRITORIAL APPLICATION?


  • The Data Privacy Act of 2012 is enacted to protect all forms of information, whether private, personal, or sensitive information.

  • It is intended to cover both natural and juridical persons involved in the processing of personal information.

  • It also covers those who use equipment located in the Philippines, or those who maintain an office, branch, or agency in the Philippines, although not found or established in the Philippines.

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WHAT IS THE BUREAU OF LOCAL EMPLOYMENT?


  • The Bureau of Local Employment (BLE) shall assume the functions of the Bureau of Apprenticeship and the domestic employment functions of the Bureau of Employment Services.

  • The BLE shall promote full employment by facilitating access of Filipino jobseekers to local employment opportunities.

  • The BLE shall facilitate such access through policy research, standards-setting, strategy development, labor market analysis, and provision of technical assistance to regional implementors.

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