Employment Law Stream

Tuesday 24 April 2018

8:00am Registration opens
8:45am Welcome & opening remarks from the Chairperson
   Apollo Sangalang, Founding Partner, Paladins Law
9:00am Contractualization: Recent updates

Contractualization, or “endo,” continues to be a relevant topic today with mandated changes that may affect current hiring practices. It is vital to understand the extent of this law in the workplace and how recent updates may affect organisations.

  • Identifying the key differences between DO 18-A and DO 174-17 labor code amendments on contracting arrangements
  • Exemptions in contracting in relation to revised regulations under DO 174
  • How will recent updates affect existing contractual workers?
  • Is outsourcing considered a form of labor contracting?
  • Anticipating future policy changes

Neptali B. Salvanera, Partner, Angara Abello Concepcion Regala & Cruz Law Offices (ACCRALAW)

9:45am Data Privacy Act: Implementing policies in the workplace

There is a growing concern over data protection and security leading to the launch of the Data Privacy Act. Policies must be enforced to ensure compliance.

  • Defining consent, security incident, and personal data breach
  • When is the Data Privacy Act inapplicable?
  • Appointment and roles of a Data Protection Officer and Personal Information Controller or Processor (PIC/PIP)
  • Categorizing the different levels of information
  • Implementation of privacy and data protection measures
  • Defining HR’s role in awareness and training to promote compliance
  • Penalties for non-compliance and violations

Shirley F. Alinea, Partner, Martinez Vergara Gonzalez & Serrano (MVGS)

10:15am Morning refreshments & networking break
10:45am Drafting and implementing confidentiality and non-disclosure agreements

Non-disclosure agreements (NDA) are commonly executed as part of an organisation’s legal protection. What factors should be considered when drafting NDAs?

  • Determining who should sign NDAs and what is covered
  • Circumstances in which sharing information is permitted
  • How NDAs could interfere with legal proceedings
  • Penalties and due process for violations

Kenneth L. Chua, Partner, Quisumbing Torres

11:30am Dismissal of workers with illnesses

A medical condition can interfere with an employee’s performance including their co-employees. This session identifies circumstances in which a serious illness can be cited as grounds for dismissal.

  • Determining criteria for illness as grounds for dismissal (Article 284) – Deoferio v. Intel Technology Philippines, Inc. [2014]
  • Compliance of twin-notice requirement for dismissal for authorized causes
  • Citing Article 299 (disease as ground for termination) of the Labor Code as basis
  • How is an illness determined under the labor code?

Cesar E. Santamaria, Jr., Partner, Gatmaytan Yap Patacsil Gutierrez & Protacio (C&G Law)

12:00pm Networking Lunch
1:00pm Understanding the non-diminution of benefits

Company policies can change over time based on conditional factors such as overall growth and performance. However, employee remuneration and benefits must adhere to the principle of non-diminution of benefits.

  • Observance of Art. 100 and Art. 127 – Implications of Central Azucarera De Tarlac vs. Central Azucarera De Tarlac Labor Union-NLU [2010]
  • Identifying a violation of employees’ rights in relation to new company policies
  • What are the conditions in which diminution is allowed? – Implications of Vergara v. Coca Cola Bottlers Philippines [2013]
  • What to include in contracts to define employee remuneration and benefits clearly

Regino A. Moreno, Partner, Belo Gozon Elma Parel Asuncion & Lucila

1:45pm Conducting a procedurally rigorous disciplinary process

Employers must comply with due process relating to disciplinary actions, including dismissal, in observance of the Labor Code. This session discusses procedural guidelines when undergoing disciplinary action.

  • Guidelines and checklists for disciplinary processes
  • Can an employer extend a probationary period?
  • What are the rights of a probationary employee during disciplinary proceedings?
  • How many warnings should be issued to the employee prior to dismissal?
  • When is a Notice to Employee (NTE) required during a disciplinary process?

Mercedes Fama Simbajon Baluyot, Partner, Castillo Laman Tan Pantaleon & San Jose Law Offices

2:30pm Afternoon refreshments & networking break
3:00pm Employee theft cases – Investigation, discipline and termination

Theft in the workplace is a serious issue. Employers should tread carefully when dealing with allegations of theft to ensure that procedural requirements have been observed and employee rights have been upheld.

  • Step-by-step guide to investigating and handling allegations of theft by employees
  • Theft as serious misconduct and dishonesty – Implications of Nagkakaisang Lakas ng Manggagawa sa Keihin (NLMK-OLALIA-KMU) and Valenzuela vs. Keihin Philippines Corporation [2010]
  • Theft considered as a ground for loss of trust and confidence – Implications of P.J. Lhuillier, Inc. and Ludena vs. Velayo [2014]
  • Cases in which a finding of probable cause for indictment does not lead to ground for termination – Copy Central Digital Copy Solution and Montano vs. Domrique and Leaño [2015]

Fidel T. Valeros, Jr., Partner, Puyat Jacinto & Santos Law Offices

3:45pm Dealing with sexual harassment in the workplace

Employees should tread carefully when handling sexual harassment cases, requiring careful judgment and following due diligence.

  • How investigations should be properly conducted
  • When acts are not considered sexual harassment – Implications of Aquino vs. Acosta [2002]
  • Can the employee-victim allege constructive dismissal? – Implications of Digitel Telecommunications Philippines, Inc., et al. vs. Soriano [2006]
  • Enforcing an anti-sexual harassment policy tailored to each industry and working environment
  • Sexual abuse as a ground for dismissal – Formantes vs. Duncan Pharmaceuticals, Phils, Inc. [2009]
  • Highlighting the exemption to the rule when corporate officers may be held liable for damages in labor cases

Rachelle Aileen S. Santos, Partner, Platon Martinez Flores San Pedro & Leaño

4:30pm Conference concludes

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