Tag Archives: Philippines

Redundancy: Authorized Cause in Employment Termination

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.

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

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:

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

[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.]

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Definitive Rules on ECQ/GCQ Areas, When Lifted

The President identified areas under Enhanced Community Quarantine (ECQ) and General Community Quarantine (GCQ), and declared that no LGU shall declare its own community quarantine without observing the procedures set forth by the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF). The definitive guidelines are contained in Executive Order No. 112 issued on 30 April 2020. [Update: Revised list, as of 15 May 2020]

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Foreign Company Registration in the Philippines

Foreign investors who wish to do business in the Philippines has two options in terms of registration. Non-Filipinos can either: (a) secure a license to do business as a foreign corporation in the Philippines; OR (b) register a foreign-owned corporation in the Philippines. A variant of option (b) is to invest in an existing Philippine company. 

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Computation/Deferment of Holiday Pay on 1 May 2020 (Labor Day), a Regular Holiday

[The Department of Labor and Employment (DOLE) issued Labor Advisory No. 15, series of 2020, as guide for the computation of holiday pay for 1 May 2020, Labor Day. Establishments that have totally closed or ceased operations during the enhanced community quarantine are exempted from paying holiday pay. For operating establishments, the payment of holiday pay for Labor Day is deferred. The full text of Labor Advisory No. 15 is reproduced below.]

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