On the One-Month Extension of Probationary Period during Enhanced Community Quarantine (ECQ)

5 Replies | Related posts at the end of article

In Labor Advisory No. 14 dated 30 March 2020, the Department of Labor and Employment (DOLE) declared that “[f]or purposes of determining the six-month probationary period, the one-month ECQ period is not included.” ECQ refers to the Enhanced Community Quarantine, which is distinct and separate from a General Community Quarantine (GCQ). 

Continue reading →

Redundancy: Authorized Cause in Employment Termination

7 Replies | Related posts at the end of article

Redundancy refers to the condition when the services of an employee are in excess of what is reasonably demanded by the actual requirements of the enterprise or superfluous. It is akin to retrenchment, which is another form of downsizing. There is, however, a crucial distinction — serious business losses is indispensable in retrenchment. Even if a business is doing well, an employer can still validly dismiss an employee from the service due to redundancy if that employee’s position has already become in excess of what the employer’s enterprise requires.

Continue reading →

Separation Pay in Employment Termination and Resignation in the Philippines

4 Replies | Related posts at the end of article

Separation pay may refer to two distinct labor-related concepts, to wit: (a) separation pay in lieu of reinstatement in illegal dismissal cases; and (b) separation pay in cases of termination based on authorized causes. Before discussing these concepts, we dispose of two issues connected with separation pay. First, the payment of separation pay is not a ground for termination; without a just or authorized cause, the dismissal is illegal notwithstanding the payment of separation pay. Second, an employee who voluntarily resigns is not entitled to separation pay, except when granted by the company or expressly provided in the company policy or Collective Bargaining Agreement (CBA).

Continue reading →

Detailed List of Sectors Allowed During ECQ/GCQ (Categories I to IV)

6 Replies | Related posts at the end of article

This list is from the Department of Trade and Industry (DTI), as contained in its Memorandum Circular No. 20-22 dated 5 May 2020, on “Business Establishments or Activities Allowed to Operate in Areas included under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ) pursuant to the Revised Omnibus Guidelines on Community Quarantine as Confirmed and Adopted by the President under Executive Order No. 112, s. 2020”. [Update: Revised per Memorandum Circular No. 20-33.] The guidelines apply nationwide. No presumption shall arise as to the exclusivity or inclusivity of the enumeration, which may be updated as the need arises. [See also Updated Community Quarantine Classifications]

Continue reading →

What You Need to Know about the Balik Probinsya, Bagong Pag-asa (BP2) Program

5 Replies | Related posts at the end of article

The President institutionalized the Balik Probinsya, Bagong Pag-asa (BP2) Program as a continuing national program and a pillar of balanced regional development. The guidelines for the BP2 Program, including the creation of the Balik, Probinsya, Bagong Pag-asa Council, are contained in Executive Order No. 114 issued on 6 May 2020. Here are the salient points of EO 114.

Continue reading →

Beneficial Ownership: Layers in Corporations must be Disclosed in the General Information Sheet (GIS)

Leave a reply | Related posts at the end of article

The Securities and Exchange Commission (SEC) has issued a directive, covering both stock and non-stock DOMESTIC corporations, that the beneficial ownership of corporations must be reflected in the General Information Sheet (GIS), which is one of the reportorial requirements that must be submitted every year. This requirement is contained SEC Memorandum Circular No. 17, series of 2018 (dated 27 November 2018), on the “Revision of the General Information Sheet (GIS) to Include Beneficial Ownership Information“. 

Continue reading →

Both Legislative Franchise and NTC Permit (CPC) Required for Television and Radio Stations

Leave a reply | Related posts at the end of article

Can the National Telecommunications Commission (NTC) authorize a radio or television station to operate without a congressional franchise? This question was squarely answered in the 2003 case of Associated Communications & Wireless Services – United Broadcasting Networks vs. NTC (G.R. No. 144109, 17 February 2003). The decision was penned by Supreme Court Justice Reynato S. Puno.

Continue reading →

Guidelines for Malls and Shopping Centers in GCQ Areas (DTI MC No. 20-21)

Leave a reply | Related posts at the end of article

Malls and shopping centers are allowed to open in areas under General Community Quarantine (GCQ). The Department of Trade and Industry (DTI) issued Memorandum Circular No. 20-21 dated 4 May 2020, or the “Guidelines on the Operations of Malls and Shopping Centers in Areas Declared Under General Community Quarantine (GCQ)“. The pertinent portions of the guidelines read:

Continue reading →

Omnibus Guidelines on the Implementation of Community Quarantine in the Philippines, as Amended (IATF)

2 Replies | Related posts at the end of article

[The guidelines were issued on 29 April 2020 by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF), as amended by subsequent Resolutions of the IATF, as noted in the appropriate provisions. The full text of the Omnibus Guidelines is reproduced below. Added: See Revised Omnibus Guidelines.]

Continue reading →