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159 Terms

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Regular Employee

Someone who performs activities necessary or desirable in the usual trade or business of the business.

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Casual Employee

An employee hired to do activities merely incidental to the business of the employer for a definite period of time.

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Project Employee

An employee hired to render service solely for a specific project, with employment automatically terminated upon completion of the project.

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Seasonal Employee

An employee who provides work or services for a company lasting for a particular period or season.

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Fixed-Term Employee

An employee whose employment contract specifically indicates a fixed or definite period.

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Probationary Employee

An employee whose initial engagement has a trial period during which the employer determines their qualification for a regular post.

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Just causes

Valid reasons for termination based on the employee's actions or behavior.

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Serious Misconduct / Insubordination

Misconduct or willful disobedience connected to the employee's duty that renders them unfit to continue working.

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Gross and Habitual Neglect of Duties

Lack of care in the performance of duties that is both gross and habitual.

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Commission of a Crime

Committing a crime against the employer, their immediate family, or their duly authorized representatives.

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Duly authorized representatives of the employer

Individuals who have been given the authority by the employer to act on their behalf in certain matters.

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Analogous cases

Similar or equivalent cases that are comparable to the situation being discussed.

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Article 282 of the Labor Code

A specific article in the Labor Code that lists the grounds for termination of an employee.

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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

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Authorized Causes

Valid reasons for termination of an employee as stated in Article 283 of the Labor Code.

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Installation of labor-saving devices

The implementation of machinery or technology to improve efficiency and reduce labor costs.

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Redundancy

A situation where there are more employees than necessary for a particular job or task.

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Retrenchment

A management prerogative to reduce the workforce due to business losses or economic downturn.

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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.

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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.

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Public health authority

An official body or organization responsible for certifying and determining the severity and incurability of a disease.

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Termination of Employee

The process of ending the employment relationship between an employer and an employee.

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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.

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Notice of termination

A formal written notice given to the employee stating the grounds for termination and providing an opportunity to explain their side.

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Hearing

A formal meeting where the employee can present evidence and defend themselves against the allegations.

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Discontinuance or severance of employer-employee relationship

The intended end of the employment relationship between the employer and employee.

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Department of Labor and Employment

The government agency responsible for labor and employment matters in the Philippines.

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Normal hours of work

The standard number of hours an employee is required to work per day.

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Overtime work

Additional hours of work beyond the normal hours, usually compensated with additional pay.

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Night Shift Differential Pay (NSDP)

Additional pay is given to employees who work during the night shift.

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Holiday Pay

Compensation given to employees for working on a regular holiday.

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Regular Holidays

Specific dates designated as holidays in the Philippines.

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Rate of pay

The amount of compensation an employee receives for working under certain circumstances.

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Weekly rest day

A mandatory day of rest given to employees after six consecutive working days.

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Republic Act 7877

The Anti-Sexual Harassment Act of 1995, which prohibits sexual harassment in the workplace, academic, and training environments.

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Sexual harassment

Unlawful behavior involving unwanted sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature.

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Hostile, offensive, or intimidating working environment

A work environment that is unpleasant or threatening due to sexual harassment or other inappropriate behavior.

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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.

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Moral Ascendancy

The authority or influence a person has over another based on their moral character or position of power.

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Immediate Supervisor

The person directly responsible for overseeing and managing an employee's work.

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Department Manager

The individual in charge of a specific department within an organization.

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HR Manager

The Human Resources Manager, responsible for managing employee relations and ensuring compliance with labor laws.

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Employer

The person or entity that hires and employs individuals.

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Sexual Advances

Unwanted or inappropriate sexual behaviors or actions towards another person.

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Sexual Favors

Requests or demands for sexual acts in exchange for employment-related benefits or conditions.

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Violator

The person who engages in sexual harassment or makes inappropriate sexual requests.

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Co-employee

A colleague or fellow employee who holds a similar rank or position within an organization.

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Co-equal

An employee who is at the same level or rank as another employee.

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Favorable Employment Conditions

Benefits, opportunities, or advantages related to employment that can be offered or withheld by a person in a position of power.

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Sole Proprietorship

A form of business ownership where only one person owns the business and is liable for all debts and obligations.

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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.

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Corporation

An artificial being created by law, with the right of succession and powers authorized by law or incidental to its existence.

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Doctrine of Corporate Entity

The principle that a corporation is a separate and distinct legal entity from its owners, directors, and officers.

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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.

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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.

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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.

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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.

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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.

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Partnership Advantages and Disadvantages

The pros and cons of partnership, including ease of formation and decision-making but also shared liability and potential conflicts.

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Dissolution of Partnership

The ways in which a partnership can be dissolved, such as expiration of the partnership agreement, mutual consent, or court decree.

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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.

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Doctrine of Corporate Entity

The principle that a corporation is a separate and distinct legal entity from its owners, directors, and officers.

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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.

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Corporation

A legal entity that is separate from its owners and has its own rights and liabilities.

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Advantages

The benefits or positive aspects of something.

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Disadvantages

The drawbacks or negative aspects of something.

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Strong legal personality

The legal recognition of a corporation as a separate entity with its own rights and liabilities.

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Process of forming corporation

The steps and procedures involved in establishing a corporation.

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Complicated

Difficult to understand or deal with.

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Free transferability of shares

The ability to buy, sell, or transfer shares of a corporation without restrictions.

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Control and regulation of the government

The oversight and supervision of the government over the activities of a corporation.

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Centralized management

A management structure where decision-making authority is concentrated in a board of directors.

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Limited liability of shareholders

The legal protection that limits the financial responsibility of shareholders to the amount they have invested in the corporation.

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Minority stockholders

Shareholders who own a small percentage of the total shares of a corporation.

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Perpetual existence

The continuous existence of a corporation unless specified otherwise in its articles of incorporation.

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One Person Corporation (OPC)

A type of corporation that has only one stockholder.

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Natural Person

An individual human being.

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Trust

A legal arrangement where one party holds property or assets for the benefit of another.

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Estate

The total assets, property, and liabilities left by a deceased person.

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Voluntary Dissolution

The process of intentionally winding up and terminating the operations of a corporation.

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Involuntary Dissolution

The termination of a corporation's existence due to external factors or legal actions.

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Expiration or shortening of term

The end or reduction of the specified duration of a corporation's existence.

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Revised Corporation Code of the Philippines

The updated set of laws and regulations governing corporations in the Philippines.

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The New Civil Code of the Philippines

The legal framework that governs civil matters, including contracts and obligations, in the Philippines.

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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.

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Right to Privacy

The right to be left alone and have personal information protected.

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Privacy of Communication and Correspondence

The protection of written communication and private conversations from interception or intrusion by the government or other parties.

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Exception of right to privacy

Circumstances in which the right to privacy may be limited or overridden.

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RA 4200 Anti-Wire Tapping Act

A law that prohibits the recording or interception of private conversations without the consent of all parties involved.

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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.

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Right to Travel

The freedom to move and travel without unreasonable restrictions.

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Due Process

The right to notice and a fair hearing before being deprived of life, liberty, or property.

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Due Process Clause

The clause in the Constitution that guarantees the right to notice and a fair hearing.

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Equal Protection Clause

The clause in the Constitution that requires people in similar situations to be treated equally under the law.

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Search Warrant

A court order that authorizes the search and seizure of personal property.

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Warrant of Arrest

A court order that authorizes the arrest of a person.

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Personal Effects

Personal belongings or possessions.

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Consent

Giving permission or allowing something to happen.

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Lawful Arrest

An arrest made in accordance with the law and based on probable cause.

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Inadmissible

Not allowed to be used as evidence in a legal proceeding.