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Regular Employee
Someone who performs activities necessary or desirable in the usual trade or business of the business.
Casual Employee
An employee hired to do activities merely incidental to the business of the employer for a definite period of time.
Project Employee
An employee hired to render service solely for a specific project, with employment automatically terminated upon completion of the project.
Seasonal Employee
An employee who provides work or services for a company lasting for a particular period or season.
Fixed-Term Employee
An employee whose employment contract specifically indicates a fixed or definite period.
Probationary Employee
An employee whose initial engagement has a trial period during which the employer determines their qualification for a regular post.
Just causes
Valid reasons for termination based on the employee's actions or behavior.
Serious Misconduct / Insubordination
Misconduct or willful disobedience connected to the employee's duty that renders them unfit to continue working.
Gross and Habitual Neglect of Duties
Lack of care in the performance of duties that is both gross and habitual.
Commission of a Crime
Committing a crime against the employer, their immediate family, or their duly authorized representatives.
Duly authorized representatives of the employer
Individuals who have been given the authority by the employer to act on their behalf in certain matters.
Analogous cases
Similar or equivalent cases that are comparable to the situation being discussed.
Article 282 of the Labor Code
A specific article in the Labor Code that lists the grounds for termination of an employee.
283 of the Labor Code
employee can be terminated due to business reasons such as installation of labor-saving devices; redundancy; retrenchment (reduction of costs) to prevent losses
Authorized Causes
Valid reasons for termination of an employee as stated in Article 283 of the Labor Code.
Installation of labor-saving devices
The implementation of machinery or technology to improve efficiency and reduce labor costs.
Redundancy
A situation where there are more employees than necessary for a particular job or task.
Retrenchment
A management prerogative to reduce the workforce due to business losses or economic downturn.
Closure or Cessation of Business in Good Faith
The formal closure of a business due to financial difficulties or the expiration of the corporation's legal existence.
Disease as a ground for valid termination
The termination of an employee due to a disease that poses a risk to their health or the health of others, or if continued employment is prohibited by law.
Public health authority
An official body or organization responsible for certifying and determining the severity and incurability of a disease.
Termination of Employee
The process of ending the employment relationship between an employer and an employee.
Substantial and procedural due process
The requirement to follow specific procedures and provide a fair opportunity for the employee to defend themselves in cases of termination.
Notice of termination
A formal written notice given to the employee stating the grounds for termination and providing an opportunity to explain their side.
Hearing
A formal meeting where the employee can present evidence and defend themselves against the allegations.
Discontinuance or severance of employer-employee relationship
The intended end of the employment relationship between the employer and employee.
Department of Labor and Employment
The government agency responsible for labor and employment matters in the Philippines.
Normal hours of work
The standard number of hours an employee is required to work per day.
Overtime work
Additional hours of work beyond the normal hours, usually compensated with additional pay.
Night Shift Differential Pay (NSDP)
Additional pay is given to employees who work during the night shift.
Holiday Pay
Compensation given to employees for working on a regular holiday.
Regular Holidays
Specific dates designated as holidays in the Philippines.
Rate of pay
The amount of compensation an employee receives for working under certain circumstances.
Weekly rest day
A mandatory day of rest given to employees after six consecutive working days.
Republic Act 7877
The Anti-Sexual Harassment Act of 1995, which prohibits sexual harassment in the workplace, academic, and training environments.
Sexual harassment
Unlawful behavior involving unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.
Hostile, offensive, or intimidating working environment
A work environment that is unpleasant or threatening due to sexual harassment or other inappropriate behavior.
Liability under RA 7877
The individuals or entities that can be held legally responsible for acts of sexual harassment under the Anti-Sexual Harassment Act.
Moral Ascendancy
The authority or influence a person has over another based on their moral character or position of power.
Immediate Supervisor
The person directly responsible for overseeing and managing an employee's work.
Department Manager
The individual in charge of a specific department within an organization.
HR Manager
The Human Resources Manager, responsible for managing employee relations and ensuring compliance with labor laws.
Employer
The person or entity that hires and employs individuals.
Sexual Advances
Unwanted or inappropriate sexual behaviors or actions towards another person.
Sexual Favors
Requests or demands for sexual acts in exchange for employment-related benefits or conditions.
Violator
The person who engages in sexual harassment or makes inappropriate sexual requests.
Co-employee
A colleague or fellow employee who holds a similar rank or position within an organization.
Co-equal
An employee who is at the same level or rank as another employee.
Favorable Employment Conditions
Benefits, opportunities, or advantages related to employment that can be offered or withheld by a person in a position of power.
Sole Proprietorship
A form of business ownership where only one person owns the business and is liable for all debts and obligations.
Partnership
A contract between two or more persons who contribute money, property, or industry to a common fund with the intention of dividing the profits among themselves.
Corporation
An artificial being created by law, with the right of succession and powers authorized by law or incidental to its existence.
Doctrine of Corporate Entity
The principle that a corporation is a separate and distinct legal entity from its owners, directors, and officers.
Doctrine of Piercing the Veil of Corporate Entity
The exception to the doctrine of corporate entity, where the corporate veil is lifted and the directors, officers, and shareholders can be held personally liable for the actions of the corporation.
Obligations of a Sole Proprietor
The responsibilities of a sole proprietor, including securing necessary permits and licenses, registering the business name, paying taxes, and fulfilling all debts and obligations of the business.
Attributes of a Corporation
The characteristics of a corporation, including being an artificial being, created by law, having the right of succession, and having expressed and implied powers.
Essential Requisites of Partnership
The requirements for a valid partnership, including a valid contract, contribution of money, property, or industry, lawful purpose, intention to divide profits, and two or more persons with legal capacity.
Advantages and Disadvantages of Sole Proprietorship
The benefits and drawbacks of sole proprietorship, such as enjoying all profits but being solely liable for debts and obligations.
Partnership Advantages and Disadvantages
The pros and cons of partnership, including ease of formation and decision-making but also shared liability and potential conflicts.
Dissolution of Partnership
The ways in which a partnership can be dissolved, such as expiration of the partnership agreement, mutual consent, or court decree.
Attributes of a Corporation
The characteristics of a corporation, including being an artificial being, created by law, having the right of succession, and having expressed and implied powers.
Doctrine of Corporate Entity
The principle that a corporation is a separate and distinct legal entity from its owners, directors, and officers.
Doctrine of Piercing the Veil of Corporate Entity
The exception to the doctrine of corporate entity, where the corporate veil is lifted and the directors, officers, and shareholders can be held personally liable for the actions of the corporation.
Corporation
A legal entity that is separate from its owners and has its own rights and liabilities.
Advantages
The benefits or positive aspects of something.
Disadvantages
The drawbacks or negative aspects of something.
Strong legal personality
The legal recognition of a corporation as a separate entity with its own rights and liabilities.
Process of forming corporation
The steps and procedures involved in establishing a corporation.
Complicated
Difficult to understand or deal with.
Free transferability of shares
The ability to buy, sell, or transfer shares of a corporation without restrictions.
Control and regulation of the government
The oversight and supervision of the government over the activities of a corporation.
Centralized management
A management structure where decision-making authority is concentrated in a board of directors.
Limited liability of shareholders
The legal protection that limits the financial responsibility of shareholders to the amount they have invested in the corporation.
Minority stockholders
Shareholders who own a small percentage of the total shares of a corporation.
Perpetual existence
The continuous existence of a corporation unless specified otherwise in its articles of incorporation.
One Person Corporation (OPC)
A type of corporation that has only one stockholder.
Natural Person
An individual human being.
Trust
A legal arrangement where one party holds property or assets for the benefit of another.
Estate
The total assets, property, and liabilities left by a deceased person.
Voluntary Dissolution
The process of intentionally winding up and terminating the operations of a corporation.
Involuntary Dissolution
The termination of a corporation's existence due to external factors or legal actions.
Expiration or shortening of term
The end or reduction of the specified duration of a corporation's existence.
Revised Corporation Code of the Philippines
The updated set of laws and regulations governing corporations in the Philippines.
The New Civil Code of the Philippines
The legal framework that governs civil matters, including contracts and obligations, in the Philippines.
Laws in the Hospitality Industry (The Philippine Tourism Laws Simplified)
A publication that provides a simplified explanation of the laws related to the hospitality industry and tourism in the Philippines.
Right to Privacy
The right to be left alone and have personal information protected.
Privacy of Communication and Correspondence
The protection of written communication and private conversations from interception or intrusion by the government or other parties.
Exception of right to privacy
Circumstances in which the right to privacy may be limited or overridden.
RA 4200 Anti-Wire Tapping Act
A law that prohibits the recording or interception of private conversations without the consent of all parties involved.
RA 9995 Anti-Photo and Video Voyeurism Act of 2009
A law that prohibits the unauthorized capturing or recording of intimate or private moments through photos or videos.
Right to Travel
The freedom to move and travel without unreasonable restrictions.
Due Process
The right to notice and a fair hearing before being deprived of life, liberty, or property.
Due Process Clause
The clause in the Constitution that guarantees the right to notice and a fair hearing.
Equal Protection Clause
The clause in the Constitution that requires people in similar situations to be treated equally under the law.
Search Warrant
A court order that authorizes the search and seizure of personal property.
Warrant of Arrest
A court order that authorizes the arrest of a person.
Personal Effects
Personal belongings or possessions.
Consent
Giving permission or allowing something to happen.
Lawful Arrest
An arrest made in accordance with the law and based on probable cause.
Inadmissible
Not allowed to be used as evidence in a legal proceeding.