[This is a Memorandum issued by Quezon City, which is under a Modified Enhanced Community Quarantine (MECQ). It is addressed to the general public AND the local police force to avoid confusion as to implementation. It is clear, concise and very helpful. Hopefully other local government units (LGUs) have a similar directive to its local enforcers, consistent with the Revised Omnibus Guidelines issued by the IATF, particularly the portion on interzonal travel. The full text of the QC Memorandum is reproduced below.]
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Deferment of Holiday Pay during Community Quarantine
There are a number of holidays that fell or will fall within the community quarantine period. These holidays are the Araw ng Kagitingan (9 April 2020), Maundy Thursday (9 April 2020), Good Friday (10 April 2020), Black Saturday (11 April 2020), Labor Day (1 May 2020) and Eid’l Fitr or Ramadhan (24 May 2020). The next scheduled under Proclamation No. 845 is Independence Day (12 June 2020), which will most likely be covered by community quarantine.
Continue readingRegular Holiday on 25 May 2020: Computation of Holiday Pay (Labor Advisory No. 20, series of 2020)
[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 20, series of 2020, as guide for the computation of payment of holiday pay for 25 May 2020 (Eid’l Fitr or Feast of Ramadan). The payment of the holiday pay, however, is deferred until such time that the present emergency situation has been abated and the normal operations of the establishment is in place. The full text of Labor Advisory No. 20 is reproduced below.]
Continue readingProhibition on Labor-only Contracting and Other Unlawful Employment Arrangements in the Philippines
The law does not prohibit all forms of contracting or subcontracting. Legitimate contracting or subcontracting is allowed under the Labor Code, as implemented under Department Order No. 174, series of 2017, issued by the Department of Labor and Employment (DOLE). What the law prohibits is labor-only contracting and other illicit employment arrangements. [See Contracting and subcontracting allowed in the Philippines]
Continue readingReducing Wages/Salaries during the Lockdown or Community Quarantine Period
Termination of employees should be the last course of action, this much is clear from the series of Labor Advisories issued by the Department of Labor and Employment (DOLE). Businesses and other establishments are strongly encouraged to explore alternative work schemes or flexible work arrangements for employees. The message is clear (and admirable) – it is better for employees to receive reduced wages and salaries, rather than receive nothing at all.
Continue readingImplementing Rules and Regulations of the Motorcycle Crime Prevention Act (Republic Act No. 11235): Full Text
[Full text of the Motorcycle Crime Prevention Act IRR. See also Summary/Salient Points; Primer of RA 11235.]
IMPLEMENTING RULES AND REGULATIONS
REPUBLIC ACT NO. 11235
AN ACT PREVENTING AND PENALIZING THE USE OF MOTORCUCLES IN THE COMMISSION OF CRIMES BY REQUIRING BIGGER, READABLE AND COLOR-CODED NUMBER PLATES AND IDENTIFICATION MARKS, AND FOR OTHER PURPOSE
Continue readingGrounds for Declaration of Nullity of Marriage in the Philippines
Declaration of nullity and annulment are used interchangeably by lay people, but these two concepts are different. Declaration of nullity refers to a marriage which is void from the very beginning, while annulment refers to a marriage that is valid until annulled by a court. There are separate grounds for declaration of nullity of marriage (see below), annulment of marriage, and legal separation. The following marriages shall be void from the beginning:
Continue readingWork Schedules: Options for Employers/Companies During or After the Community Quarantine Period
The coronavirus disease 2019 (Covid-19) pandemic poses a very serious threat to lives and businesses alike. The lockdown or community quarantine, particularly the enhanced community quarantine (ECQ) and modified enhanced community quarantine (MECQ), closed down many establishments. Here are some of the options for employers/establishments:
Continue readingEmployment Preservation, Alternative Work Schemes, Flexible Work Arrangements, Wage and Benefits on Resumption of Business Operations
The Department of Labor and Employment (DOLE) issued Labor Advisory No. 17, series of 2020, providing for Guidelines on Employment Preservation Upon the Resumption of Business Operation. The Advisory applies to all employers and their employees regardless of employment status in the private sector operating or allowed to resume business operations under enhanced community quarantine (ECQ), general community quarantine (GCQ), or other quarantine arrangements.
Continue readingAmendments to the Guidelines for Small Business Wage Subsidy (SBWS): JMC 2-2020
[Full text of Joint Memorandum Circular No. 2-2020, or the Amendment to the DOF-BIR-SSS Joint Memorandum Circular No. 1-2020, providing for the guidelines for the availment of the small business wage subsidy (SBWS) measure. See also Return/Refund of SBWS and Second Tranche of SBWS.]
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