Labor & Employment Law Lawyer in Makati City
We advise Makati employers on executive employment, separations and separation packages, redundancy programmes, restrictive covenants, and defence of cases before the labor arbiters covering Makati workplaces — and we advise senior employees on the other side of those situations.
Makati employment matters skew senior: the disputes involve executives with equity, bonuses, and non-compete clauses rather than rank-and-file wage claims. Two points recur. First, a resignation that is really a forced exit can still be litigated as constructive dismissal, so the documentation around a negotiated separation has to be genuine. Second, non-compete and non-solicitation clauses are enforceable in the Philippines only when reasonable in time, scope, and territory — a broad, open-ended clause protects less than it appears to.
Services
- Drafting employment contracts, handbooks, and codes of conduct
- Termination, due process, and twin-notice compliance
- NLRC and Court of Appeals labor litigation
- DOLE inspections, labor standards, and OSH compliance
- Retrenchment, redundancy, and closure programs
- Union relations and CBA negotiation
- Executive separation and quitclaim agreements
- Due diligence audit on labor standard compliance
- Due diligence audit on Department Order 174 compliance
Frequently asked questions
Are non-compete clauses enforceable in the Philippines?
They can be, if limited to a reasonable period, geographic area, and scope of activity, and supported by a legitimate business interest. Sweeping clauses are frequently cut down or disregarded.
How should an executive separation be documented?
With a properly drafted release and quitclaim, executed voluntarily, for reasonable consideration, and with the terms understood. A quitclaim signed under pressure or for a token amount can be set aside.
What is constructive dismissal?
Making continued employment unreasonable or impossible — a demotion, a punitive transfer, a pay cut, or a hostile environment — so the employee resigns. It is treated as a dismissal and requires the same justification.
See also: Labor & Employment Law · Makati City
Contact Eleazar Bangi & Associates Law Firm
Office: 511 Bell Mansion, Bagong Pag-asa, Quezon City, Metro Manila 1105, Philippines. Hours: Monday to Friday, 9:00 AM to 6:00 PM. Email: rjbangi@reblegal.com. WhatsApp and Viber available. Contact us.