Article 301 (286) of the Labor Code allows for bona fide (good faith) suspension of business operations for a period not exceeding six (6) months. After 6 months, the employer has two (2) options: (a) recall or (b) permanently retrench employees.Bona fide suspension of business operations is employer-initiated, voluntary, and for legitimate business reason. Thus, … Continue reading Separation pay for employees who have not returned to work since March 17, 2020 – ECQ after 6 months? →

"The second most precious thing in life is the right to express yourself freely. The most precious thing in life, I think, is food in your mouth, and the third most precious is a roof over your head." https://youtu.be/BiqDZlAZygU

U.S. Michigan State recently conducted their first online bar exam. Although it encountered technical glitches, when the website issuing passwords suddenly crashed, the Michigan Supreme Court announced that it was immediately resolved. With this serving as the test case, is it possible that the Philippines will follow suit with the bar exam next year?

Matt Mullenweg of WordPress first introduced me to the concept of distributed work a few years back. My first impression was it was another way of describing work from home. You know, new terminology, same old concept. Then, I encountered a separate article in WordPress with an interactive worldmap showing locations of their people working … Continue reading Distributed work for Filipino employees in the Philippines →

Roberts, Daniel. "Zoom: Surprising Ways to Supercharge your Career", Fortune Books, 2013. Taking on a big Company requires more than just becoming one also; it requires becoming a great company. To be a great company is to have a dedicated and talented workforce invested on the success of the Company. It is, after all, the … Continue reading Big Company or a Great Company →

What makes for something to be productive: Is it the doing of many tasks or a few tasks? One of Peter Drucker's quips answers the question clearly: "There is nothing so useless as doing efficiently that which should not be done at all." Productivity is the goal of many. Unfortunately, the same people do not … Continue reading How productivity and waste are related →

The legal industry has been resilient to change, innovation, and technology. There is so much romanticism in doing many things the "old-fashioned way". Many think that you are not a lawyer unless you use a pen and a legal pad, open a law book, or burn the midnight oil. This kind of fixed mindset make … Continue reading Court’s digital transformation forced by Covid-19 →

From lawmakers to the DOLE, discussions and issuances clearly show lack or little understanding on management prerogative. Management prerogative is the general rule. Labor laws and regulations are the exception. Even the Supreme Court acknowledges that management prerogative is an INHERENT RIGHT of the employers. No law is needed to grant that right. In fact, … Continue reading Where is Management Prerogative in Covid-19 discussions on employment? →

There is a saying in law that goes like this: the law does not protect persons from making foolish mistakes. The maxim is often applied in cases involving contracts where a party enters into agreements with very disfavorable stipulations (the foolish mistakes) usually for short-term gains and later on cries foul wanting to get out … Continue reading Client’s right to foolish mistakes →

On this day May 1, when Labor Day is being celebrated, I'm reminded of my first memorable and notable labor law case. The case involved a garbage truck driver as my client. I was back then a senior law student at the University of the Philippines College of Law (U.P. Law). In our law school, … Continue reading My first labor law case →