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Failure to Render Overtime Work as a Ground for Dismissal
Employees in the Philippines enjoy security of tenure. As such, one’s employment may be terminated only for just and authorized causes as enumerated under the Labor Code, after observance…
Appointing a Resident Agent in the Philippines
A foreign corporation seeking to do business in the Philippines may choose between establishing a subsidiary or a branch office in the country. The two have different requirements to…
The Appointment of a Distributor in the Philippines is not considered as Doing Business in the Country
Foreign corporations doing business in the Philippines are required by law to obtain the license to do so. Otherwise, they are barred from seeking redress from any Philippine court. Republic…
Step by Step Procedure in Amending Articles of Incorporation
The power to amend the articles of incorporation is one of the powers expressly granted by law to corporation. There are many reasons why a corporation may want to amend…
What constitutes “doing business” in the Philippines under Philippine Law?
What constitutes doing business in the Philippines? The term “doing business” is defined in Section 3(d) of Republic act No. 7042 or the Foreign Investments Act of 1991. In…
Employer Obligations Under the National Internal Revenue Code (Tax Code)
Under the Tax Code, the employer has the duty to withhold and remit the taxes on compensation of their employers. It is essential for the employers to know that the…
May an Employer who Failed to Comply with the Provisions of RA 1161 Use Good Faith and Lack of Criminal Intent as a Valid Defense
Is good faith a valid defense in a suit for violating the requirements of RA 1161? In the case of Tan, Domingo and Lim vs. Ballena et al (GR No….
Obligations of the Employer under RA 1161 or the Social Security Law
RA 1161 or the Social Security Law imposes a number of obligations for employers. Most of the employers, however, are unaware of these obligations. In many cases, they are…
Does the transfer of the director’s shares to the buyer extinguish his criminal liability for failure to remit the loan amortization to the SSS
Is the transfer of the director’s shares to the buyer enough to extinguish criminal liability for failure to remit the loan amortizations to the SSS? One of the defenses that…
Is Prior Authorization from the SSS necessary before a suit may be commenced against the employer?
Does an employee have to seek prior consent from SSS before he may file a suit in court against his employer for failure to remit the SSS loan contributions? One…
