Labor & Employment Law Lawyer in City of Manila

We advise Manila employers — trading firms, schools, hospitals, warehouses, and family businesses — on employment contracts, regularisation, discipline and dismissal, retirement pay, and defence before the National Labor Relations Commission.

Long-tenure workforces are the norm in Manila's older businesses, and they produce a particular set of exposures: employees kept casual or contractual for years who are regular in law regardless of the paperwork, retirement pay obligations that were never funded, and separations from businesses that are winding down. Closure and retrenchment are legitimate routes, but each requires written notice to the employees and the Department of Labor and Employment and payment of the correct separation pay.

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Frequently asked questions

Our staff have been casual for years. Are they regular employees?

Very likely. An employee performing activities necessary or desirable to the usual business, or who has rendered at least a year of service, is regular by operation of law regardless of the contract label.

What do we owe employees if we close the business?

Closure not due to serious losses requires written notice to the employees and to the Department of Labor and Employment at least a month in advance, plus separation pay at the statutory rate. Closure due to proven serious losses changes the separation pay position.

Is retirement pay mandatory?

In the absence of a more generous plan, qualified employees who reach the statutory retirement age with the required service are entitled to retirement pay under the Labor Code. Unfunded obligations become due suddenly, so they should be provided for.

See also: Labor & Employment Law · City of Manila

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.