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

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What is the 30-day Single Entry Approach (SENA) Mandatory Conciliation and can parties be absent during mandatory conciliation?

By virtue of the mandate of Section 3, Article XIII of the 1987 Constitution on the preferential use of voluntary modes of dispute settlement, Article 211 of the Labor Code, as amended, the Alternative Dispute Resolution (ADR) Act of 2004 and Executive Order No. 523 instituting the use of ADR for the speedy resolution of all disputes before all administrative bodies of the Executive Department, and TIPC Resolution No. 3, series of 2010, the Secretary of Labor and Employment pursuant to Article 5 of the Labor Code of the Philippines, as amended, issued DOLE DEPARTMENT ORDER NO. 107-10, November 03, 2010, setting forth the guidelines governing the Single Entry Approach for all DOLE cases.

Illegality of Dismissal of Contractual Worker without Notice of Termination

Under the Rules and Regulations Implementing the Labor Code, in cases of employment covered by contracting or subcontracting, no employee shall be dismissed prior to expiration of the contract between the principal and contractor or subcontractor, unless the dismissal is for just or authorized cause, or is brought about by the completion of the phase of the contract for which the employee was engaged, but in any case, subject to the requirements of due process or prior notice.

How can a Company become an Eligible Bidder in a Government Procurement Process?

One of the modes of procurement under the New Government Procurement Act (NGPA) or Republic Act (R.A.) No. 12009 is competitive bidding, which is open to participation by any eligible bidder. The government procuring entity, through its Bids and Awards Committee (BAC), conducts an eligibility screening of prospective bidders, and measures their financial eligibility, legal eligibility, and technical eligibility.

Updates on SSS Funeral Benefits

The Social Security System (SSS) has announced that starting October 20, 2023, enhanced guidelines will be implemented for its Social Security (SS) Funeral Benefit Program. The new guidelines aim to incentivize active membership by raising the maximum amount of funeral benefits to PHP 60,000.00 and streamline the provision of funeral benefits to claimants, especially for surviving legal spouses.

Death Benefits for Seafarers: Who is entitled to receive them?

In the case of Macalinao vs. Macalinao, G.R. No. 250613, April 3, 2024, the Supreme Court has ruled that benefits arising from the seafarer’s death under the Philippine Overseas Employment Administration (POEA) contract should be awarded only to the surviving legitimate spouse, despite being long estranged from the seafarer, alongside the seafarer’s legitimate and illegitimate children.

Key Takeaways from the Trabaho Para sa Bayan Act

The State shall, in pursuit of poverty reduction through decent jobs, sustainable enterprises and economic transformation, ensure an environment that encourages more employment and entrepreneurship opportunities, provide comprehensive support to existing and emerging businesses, particularly to the micro, small and medium enterprises (MSMEs), and improve the employability, productivity and competitiveness of Filipino workers.

Can the DTI cancel my Company’s Business Name?

On November 12, 1931, Act. No. 3883 as otherwise known as an Act to Regulate the Use in Business Transactions of Names other than True Names, was issued to regulate the use of names other than true names in business transactions.
The said Act provides that no person shall use or sign, on any written or printed receipt, or on any written or printed contract not verified by a notary public, or on any written or printed evidence of any agreement or business transaction, any name other than his true name, without first registering such other name with the Department and Trade Industry (DTI).

Registration of Data Processing System and Designation of Data Protection Officer mandated by NPC Circular No. 2022-04

On December 5, 2022, the National Privacy Commission (NPC) issued Memorandum Circular No. 2022-04, which sets forth the framework for the Registration of Personal Data Processing System, Notification Regarding Automated Decision-Making or Profiling, Designation of Data Protection Officer, and the National Privacy Commission Seal of Registration.

The Supreme Court decides: Statements against public officers do not constitute defamation when made in relation to their discharge of official duties

In the case Argelyn M. Labargan v. People of the Philippines, G.R. No. 246824, December 6, 2023, the Supreme Court emphasized that statements against public officers do not constitute oral defamation when made in relation to their discharge of official duties, unless the prosecution establishes that they were uttered with actual malice.

Cross-Border Electronic Invoicing System of All Import Commodities under the OP Administrative Order No. 23, May 13, 2024

On May 13, 2024, President Ferdinand Marcos issued Administrative Order (AO) No. 23, which orders the implementation of a digital and integrated system for the Pre-border Technical Verification and Cross-border Electronic Invoicing of all import commodities.