Casual Employee

We hear about regular employees all the time. The Labor Code explicitly defines regular employment. However, casual employment is given a negative definition. That is, if you are not a regular employee, project employee, or a seasonal employee, then you are a casual employee.

This may be confusing. Casual employee simply means that you work is not usually necessary or desirable to the business of your employer.

Things get clearer by giving examples. A carpenter fixing some tables and chairs in a restaurant is a casual employee. A truck helper in a mall might be a casual employee. A janitor in a tech company is a casual employee. You get the drift.

Employees have better access to speedy justice during SENA

Enployees especially barely scraping by needs speedy closure to their labor problems.

Usually their claims are simple money claims like payment below minimum wage.

Under the Single Entry Approach, enployees can get their employers on thr table and air their grievances and claim what is due them.

Of course, this proceeding is just summary and works towards amicable settlement.

Nobody not even the hearing officer can coerce the parties to settle. But for claims that are rightfully due and not so substantial, SENA might just give employees speedy justice.

This is not to mention helping to clog the labor arbiters’ dockets.

Who has the burden to prove that the employee is entitled to overtime pay

Overtime work is not a day-to-day part of the employee duty. As a matter of fact, the law requires employees to work for only eight hours. There are specific instances provided by law when the employer can compel its employees to work overtime.

As a result of this situation, it is the employee’s burden to prove that they in fact rendered overtime work.

If you are a foreigner and wants to own land in the Philippines…

Filipinos have a nationalistic attitude towards land. In our cutlure, we witness our kababayans always coming home to the place they were born from. Here in Mandaue, Cebu, businessmen say it is very hard to buy property because they are priced “emotionally.” Meaning, they factor in the sentimental value into the price.

That is why the framers of the Philippine Constitution, restricted ownership of real property to Filipinos.

But if you are a foreigner how do you do go about owning real property in the Philippines the legal way?

Continue reading “If you are a foreigner and wants to own land in the Philippines…”

Can an employee who tenders his resignation go on AWOL prior to the acceptance of his resignation

Let’s say you have already tendered your resignation and is waiting for it to be accepted by your employer. Your mind is already set to do other things. Maybe move to another city or work for somebody else. Or maybe just live your life and enjoy.

Can you legally not report for work anymore even before your resignation is accepted?

Continue reading “Can an employee who tenders his resignation go on AWOL prior to the acceptance of his resignation”

What you should do if you’re lessee is not paying rentals

In this Cebu’s booming real estate industry, more and more commercial and residential buildings are constructed and rented to businesses or individuals.

Let’s admit it, some renters are not religious in paying rentals. Owners on the other hand sometimes let the violation of their lease contract pass by without doing anything.

But this is income lost already, and something should be done to correct it.

The first thing to do: Send your renter a notice to vacate. This has practical and legal purposes.

Practically, this is to remind the renter of default payments. Sometimes these people are juggling things, that they tend to forget especially if the owner is lenient.

Legally, this is forms the basis for filing a case for ejectment in court.

All in all, the owner has rights as much as the renter. Owners should assert their rights. Opportunity cost is forgone if righs are not asserted.