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

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June 1, 2022

Legal Developments


WHAT IS THE EFFECT IF REINSTATEMENT IS NO LONGER PRACTICABLE?


  • An employee who is unjustly dismissed from work shall be entitled to reinstatement

  • The entitlement to reinstatement shall be without loss of seniority rights and other privileges

  • If reinstatement is no longer possible, the unjustly dismissed employee is entitled to separation pay

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WHAT IS AGRI-AGRA REFORM CREDIT ACT OF 2009?


  • The State promotes rural development by enhancing access of the rural agricultural sector to financial services and programs

  • Agricultural and agrarian reform credit consist of loan activities and purposes

  • Banking institutions shall set aside at least twenty-five percent (25%) of their total loanable funds for agriculture and fisheries credit in general

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INFUSION OF FOREIGN EQUITY IN THE CAPITAL OF RURAL BANKS


  • No rural bank shall be operated without a Certificate of Authority

  • Non-Filipino citizens may become members of the Board of Directors of a rural bank

  • Foreign equities may now be infused in the capital of rural banks

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IS AN EMPLOYEE WHO WAS ILLEGALLY DISMISSED FROM EMPLOYMENT AUTOMATICALLY ENTITLED TO REINSTATEMENT?


  • It is the duty of the employer to immediately comply with the order of reinstatement

  • A reinstatement of an employee can be done either actually or through payroll reinstatement

  • The reinstated employee has no duty to return or reimburse the salary he received during the period that the lower court or tribunal’s decision was for his illegal dismissal

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