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:
Continue readingOmnibus 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.]
Continue readingCrowdfunding in the Philippines: An Introduction
Philippine start-ups, micro, small and medium enterprises (MSMEs) may raise funds through crowdfunding, which basically involves issuers selling their securities through an online electronic platform pursuant to the Securities Regulation Code. Raising capital through crowdfunding is separate from loans or venture capital. Crowdfunding is done outside the local stock exchange.
Continue readingDefinitive 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]
Continue readingForeign 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.
Continue readingComputation/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.]
Continue readingGuidelines for the Availment of the Small Business Wage Subsidy Measure (JMC 1-2020): Full Text
[Full text of Joint Memorandum Circular No. 1-2020 dated 30 April 2020, issued by the Social Security System (SSS), Department of Finance (DOF), and Bureau of Internal Revenue (BIR). See also Amendments per JMC 2-2020, Return/Refund of SBWS and Second Tranche of SBWS.]
Continue readingRegistration of Foreign Companies in the Philippines: Requirement of Securities Deposit
A foreign corporation who wishes to do business in the Philippines must secure the necessary license from the Securities and Exchange Commission (SEC). Should the foreign corporation secure a license, it must make the necessary securities deposit. The details on securities deposit are discussed below.
Continue readingCorporate Term under the Revised Corporation Code
A corporation shall have perpetual existence unless its articles of incorporation provides otherwise. This is one of the major changes made under the Revised Corporation Code (Republic Act No. 11232). Under the old Corporation Code, the maximum corporate term is only fifty (50) years, subject to extensions. The limit on corporate term has been removed.
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