Philippines Labour Law

Event Date: To Be Announced
Event Time: 9am – 5pm
Location: 2 Bukit Merah Central

By Rachel P. Follosco, Associate Trainer
Fees: S$420.00 (GST will not be applicable)

Course Outline

I. Introduction

II. Labor Relations
A. Contract for/of Service
1. Independent Contractor
2. Labor-only contracting
3. Employment Contract

B. Different Types of Employment Contracts
1. Probationary
2. Regular
3. Project and Fixed Period
4. Casual
5. Seasonal

C. Salient Points to Consider in Employment Contract Drafting
1. Key Terms & Concepts
a. Limitation on the parties’ right to stipulate
b. Law deemed written into the contract
c. In case of doubt: in favor of labor
d. Security of tenure
e. Personal nature of employment contracts
2. Restrictive Covenants: Non-compete; Non-solicitation; Non-disclosure
3. Employees’ Handbook/Code of Discipline: Adoption and Administration

D. Termination of Employment
1. Just Causes
a. Substantive Requirement
b. Procedural Requirement
2. Authorized Causes (Retrenchment, Redundancy, Closure, Labor-saving Devices)
a. Substantive Requirement
b. Procedural Requirement
3. Disease
4. Constructive Termination

E. Remedies of Employees
1. Administrative Level
2. Quasi-judicial
3. Judicial

F. Transfer of Employment
G. Suspension of Employment

III. Terms and Conditions of Employment
A. Wage Setting
B. Mandatory Benefits

1. Work Hours
2. Rest Periods
3. Holiday Pay
4. Leave Benefits
5. Retirement
6. 13th Month Pay
7. Premium-rated Work (OT, Rest day. Special, Nighttime, and Regular Holidays)
8. Social Welfare Benefit Contributions (EC, SSS, PHIC, Philhealth)
C. Salary Administration: Salient Rules and Tax Considerations
1. Non-diminution of Benefits
2. Non-discrimination
3. Wage Deductions

IV. Employment of Foreigners
A. Visa
B. AEP

Workshop Leader

RACHEL P. FOLLOSCO received her Bachelor of Laws degree from the University of the Philippines in 1993, graduating third in her class, and was admitted to the Philippine Bar in 1994. She graduated Magna Cum Laude from the University of the Philippines in 1988, with a degree in Bachelor of Science in Business Administration and Accountancy.

From 1993 to 1996, she worked with the Philippine firm associated with Baker & McKenzie, where she specialized in the Tax, Commercial, and Corporate practice areas of the firm. She has extensive exposure in international taxation, tax structuring, and tax planning in relation to property acquisition, financing, and capital investment transactions.

In the corporate field, she has extensive experience in assisting foreign investors in the registration of their Philippine business entities, structuring of their Philippine investments, and addressing their other common legal concerns concerning their business operations, including all regulatory compliance. She authored/co-authored and updates the Philippine section of the International Tax and Investment Service (published by Tolley Lexis Nexis), International Joint Ventures (published by Kluwer Law International), International Secured Transactions (published by Thomson Reuters) and International Banking Law and Regulation (published by Thomson Reuters). Since 1997, she has conducted several labor law seminars and workshops and has been engaged to render extensive HR consultancy work to include compensation and benefits package planning and review, drafting of employment-related contracts, and preparation of HR policies manuals, company rules and regulations, and labor law manuals.

She has recently been qualified as a Certified Information Privacy Manager (CIPM) by the International Association of Privacy Professionals, of which the Firm is a silver member. She has paved the way for the Firm to be the service partner of Straits Interactive Pte Ltd., a regional leader in privacy and operational compliance and leading provider of interactive platform for privacy management.

Click here to register.