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Print articleSyCipLaw Employment & Immigration Update 2013 1Q
April, 2013 - Juan C. Reyes, Jr.
Vol. XI, Issue 1 of SyCip Salazar Hernandez & Gatmaitan's Employment & Immigration Update focuses primarily on the salient provisions of Philippine Republic Act No. 10361, also known as the Domestic Workers Act or Batas Kasambahay.
Some of the salient provisions covered in this issue include:
The issue also contains other information recent Supreme Court decisions on:
The newsletter is published by the SyCip Salazar Hernandez & Gatmaitan's Human Resource Practice Group (HRPG) as part of its services to its clients. It is intended to provide general information on legal topics current at the time of publication. It does not cover every aspect of those topics and is not intended to provide legal or other advice.
For inquiries related to Employment and Immigration, please coordinate with Lozano A. Tan, head of the HRPG, at [email protected].
For more information on the firm, please visit our website at www.syciplaw.com.
Some of the salient provisions covered in this issue include:
- Employment Contract,
- Compensation,
- Payment of Wages, 13th Month Pay, Pay Slip and Prohibitions against Interference in Disposal and Withholding of Wages,
- Daily and Weekly Rest Periods,
- Leave Benefits, Social and Other Benefits,
- Other Prohibitions on Employers,
- Employer's Reportorial Duties,
- Transitory Provision and Non-Diminution of Benefits, Implementing Rules and Regulations, Effectivity, and
- Date of Effectivity of RA 10361
The issue also contains other information recent Supreme Court decisions on:
- Failure of employer to timely rehabilitate its pier facility causing the lack of work for and the consequent lay-off of its employees for a period exceeding six months is tantamount to a constructive dismissal of its employees
- Piece-Rate Employment
- Post-employment medical examination by a company-designated physician within three working days from repatriation is a mandatory requirement to support a seafarer's claim for compensation and disability benefits
- Management prerogative to outsource services is limited by CBA provision on hiring of casual employees
- Adequate proof of redundancy must be presented to justify dismissal of affected employees
- Dismissal too harsh or not proportionate to infractions committed
- Death of a seaman on shore leave by drowning while in the course of his employment is not compensable
The newsletter is published by the SyCip Salazar Hernandez & Gatmaitan's Human Resource Practice Group (HRPG) as part of its services to its clients. It is intended to provide general information on legal topics current at the time of publication. It does not cover every aspect of those topics and is not intended to provide legal or other advice.
For inquiries related to Employment and Immigration, please coordinate with Lozano A. Tan, head of the HRPG, at [email protected].
For more information on the firm, please visit our website at www.syciplaw.com.
