How to appoint an arbitrator for General Commercial disputes? This article will focus on arbitrators for general commercial disputes. In particular, we discuss: How to appoint an arbitrator What are the qualifications of an arbitrator How to challenge the appointment of arbitrators Our focus is on General Commercial Dispute arbitration here. Let’s start. What is the difference between commercial disputes and intra-corporate disputes? An intra-corporate dispute is a dispute between the corporation, its stockholders or members, arising from the implementation of the articles of incorporatio ..read more

Arbitration of Commercial Disputes in the Philippines In the Philippines, corporate conflicts can be settled more quickly through arbitration. Arbitration in the Philippines is a faster way to resolve corporate disputes. This article discusses basic arbitration topics with a focus on domestic arbitration such as: Philippine Arbitration laws Types of Arbitration Basic Requirements of Arbitration Agreements Where, When and How Arbitration commences Arbitration and other alternative dispute resolution methods like mediation, negotiation, and conciliation are favored over court action.[1] [1 ..read more

Arbitrability of Commercial Disputes in the Philippines Arbitration in the Philippines is a faster way to resolve corporate disputes. This article discusses basic arbitration topics with a focus on domestic arbitration such as: Philippine Arbitration laws Types of Arbitration Basic Requirements of Arbitration Agreements Where, When and How Arbitration commences Arbitration and other alternative dispute resolution methods like mediation, negotiation, and conciliation are favored over court action.[1] [1] Steamship vs. Sulpicio Lines, G.R. No. 196072, September 20, 2017 What is Arbitration ..read more

Further Explanation on Retrenchment in Philippine labor law As the COVID pandemic continues its harsh economic toll, we continue to have to field questions about retrenchment of employees. This picks up from our previous articles and discusses other questions on retrenchment. It talks about the factual grounds necessary for retrenchment and the role of good faith in valid retrenchment. Is a hearing necessary for termination of employment due to retrenchment? No, a hearing is not necessary. Under Philippine law, the employee does not have the right to be heard in a dismissal for an authorize ..read more

Further Explanation on Retrenchment in Philippine labor law As the COVID pandemic continues its harsh economic toll, we continue to have to field questions about retrenchment of employees. This picks up from our previous articles and discusses other questions on retrenchment. It talks about the factual grounds necessary for retrenchment and the role of good faith in valid retrenchment. Is a hearing necessary for termination of employment due to retrenchment? No, a hearing is not necessary. Under Philippine law, the employee does not have the right to be heard in a dismissal for an authorize ..read more

COVID and Retrenchment in the Philippines Introduction The COVID quarantine in the Philippines has brought great disturbance. Businesses are shuttered or at greatly reduced operations. Construction sites are closed. The streets are unnaturally clear of traffic save for delivery services. The future is an educated guess. Which brings us to retrenchment under Philippine law. I’ll go through retrenchment in detail down below. I’ll start by saying that no one wants the disruption that retrenchment brings. It means many people losing their jobs and the shuttering of businesses. It means a bad situ ..read more

Termination due to Loss of Trust (Theft, Fraud, etc.) ProcessDoing Business in the PhilippinesFiring Philippine Employees So, you’ve reason to believe that one of your cashiers in your Philippine office seems to have stolen some of her revolving fund. As an HR, you are considering termination. But can you terminate? Under what grounds and how do you do it? This article answers those questions and gives a summary of the important points that you need to consider for termination due to fraud or willful breach. With this and in consultation with your company lawyer, you should have a pretty go ..read more

Termination Due to Retrenchment ProcessDoing Business in the PhilippinesFiring Philippine Employees When your business falls on hard times, you can validly terminate for authorized causes. Business reverses happen to everyone. If these become severe enough, an employer may have to consider retrenching employees. But for legal as well as economic reasons, this is not a decision to be made lightly. Retrenchment in the Philippines is covered by Art 297 (formerly 282) of the Labor Code, the issuances of the Department of Labor, and the decisions of the Supreme Court. This post should help you ..read more

Termination due to AWOL, Tardiness or Abandonment ProcessDoing Business in the PhilippinesFiring Philippine Employees Yes, you can terminate for frequent tardiness and absences. You’ve got an employee who’s frequently late and always absent on your hands, and are wondering if it’s possible to fire him under Philippine law. It is. I’ll explain below how and under what circumstances you need to do this. At the end of this post, you should have an idea of what the legal grounds, common definitions and needed processes are. Overview A common problem for Philippine HRs is when employees have ..read more

2018 Guide to Terminating Regularized Employees for the Philippine HR ProcessDoing Business in the PhilippinesFiring Philippine Employees If you are a HR practitioner in the Philippines, you know that it’s important to be familiar with the laws that regulate employee termination. You’ll need to know the correct process to follow when terminating an employee. While the laws grant that there are certain causes that lead to termination, they also protect an employee’s security of tenure. This requires that you know how to balance the needs of the company and those of its employees. Below I’v ..read more