The Difference Between Independent Contractors and Employees

25 April 2024 - Category: Employment Contracts

Employers over the recent years have been using certain methodologies to circumvent labor laws, one example is hiring an "independent contractor" in stead of engaging them as employees to avoid payment of government mandated benefits and other obligations imposed by the law. Knowing the key differences of an employee and an independent contractor can be a tool for an employee to protect himself from exploitative employers. [...]

Dismissing an Employee

25 April 2024 - Category: Human Resources and Employment Law

Dismissing an employee in the Philippines is not like the movies: an employer cannot just call in an employee to dismiss him for any reason that they can think of, or worse, for no reason at all. Under Philippine law, an employee may only be dismissed for specific reasons and the proper procedure should be followed. [...]

What is a Probationary Employee?

28 March 2024 - Category: Employment Contracts

Probationary employment in the Philippines is a common practice among employers to assess the performance and suitability of newly hired employees before confirming them as regular employees. This guide aims to provide a thorough understanding of probationary employment, including its definition, duration, legal requirements, and the process of termination or completion. [...]

How to End a Service Agreement?

11 March 2024 - Category: Commercial Activity

A service agreement like any other type of contract can be ended or terminated. This can involve certain actions that must be taken subject to the provisions of the service agreement. [...]

What are the Consequences of Breaching a Confidentiality Agreement or NDA?

4 December 2023 - Category: Intellectual Property and New Technologies

A Non-Disclosure Agreement (NDA) also called a confidentiality agreement is a document that is used to protect confidential information that is disclosed by individuals or businesses in pursuance of a business relationship. It creates an enforceable agreement between the parties that they will not disclose or use the confidential information for any purpose other than the purpose of the business relationship. [...]

What are the Rights of the Trademark Owner?

26 October 2023 - Category: Intellectual Property and New Technologies

A business earns profits once it has developed a brand by which its consumers and clients can distinguish it from other competing brands. A brand can be protected through the trademark it uses to let people know that the product comes from the business that owns the brand. [...]

What to do after Creating a Contract?

28 September 2023 - Category: Commercial Activity

Creating contracts is important to document what the parties have agreed upon. The rights of the parties thereto should be respected and this can be done through certain measures such as ensuring that the signatures are affixed by the parties, monitoring the copies and originals of the contract, making sure that it is kept on file and properly submitted to the government agency concerned, or being validly notarized. [...]

How to Register a Company?

15 September 2023 - Category: Business Structure

Registering a business in the Philippines can seem like a daunting task, but it is essential to ensure that the business is legitimate and compliant with local laws and regulations. Before an aspiring business owner can register his business, he needs to decide on the legal structure of the company. [...]