Practice Areas

Labor Law

  • Employees Illegally Terminated
  • Labor Management Relations, solely under the discretion of Duran & Duran-Schulze, Inc.   Please Inquire Within
  • Labor Proceedings
  • National Labor Relations Commission

Labor Law in The Philippines

Dealing with labor and employment laws is one of the most important aspects of doing business in the Philippines. While the law provides much leeway for “management discretion,” it is also very specific when it comes to protecting employees’ rights.

Backed by years of experience and success in this area, we at Duran & Duran-Schulze Law offer guidance to both employer and employee in understanding and complying with existing laws.

We can help you in the various legal areas of labor and employment, including the following:

  • Illegal termination of employees
  • Labor management relations (solely under the discretion of Duran & Duran-Schulze Law)
  • Representation in labor proceedings before the National Labor Relations Commission and other venues

Illegal Termination

For employment termination to be considered lawful, the employer has to prove either just or authorized cause. Just cause refers to employee’s actions that are detrimental to the company. Authorized cause is a situation or event that justifies termination at no fault of the employee.

When this requirement is met, the employer has to observe due process that will allow the employee enough opportunity to refute any charges against him, or enough time to prepare for the eventuality of losing his job.

When one or more of these conditions are not met, the termination could be considered illegal, and the employer could face heavy pay-offs and penalties.

Labor-Management Relations

Labor-management relations refer to the relationship between employer and employees, particularly the manner by which the terms and conditions of employment are negotiated, agreed upon, and enforced.

Employees may or may not be represented by a union recognized by the government and the employer. With or without a labor union, employees enjoy certain rights that the government is committed to protect. The Bureau of Labor Relations has listed these rights down, including:

  • self-organization, collective bargaining and negotiations;
  • engaging in peaceful concerted activities, including the right to strike in accordance with law;
  • security of tenure, humane conditions of work and a living wage; and
  • participating in policy and decision making processes affecting their rights and benefits as may be provided by law

Negotiations between labor and management should be done independently, without government intervention. If employees are represented by a recognized union, both parties (management and union) strive to reach a collective bargaining agreement (CBA) which details salary rates, working hours, working conditions, and other important details.

Settling Disputes

If labor and management can’t come to an agreement, or if management conducts unfair labor practices, employees have the right to strike or picket. However, strikes have very costly consequences that can affect not only the employer and employees but the nation’s economy as well.

To avoid this kind of break in labor relations, labor and management committees have been formed in every company. The committee is composed of employer and employee representatives, as well as representatives from the government.

The Department of Labor and Employment’s National Labor Relations Commission (NLRC) was set up to arbitrate labor-management disputes.

How We Can Help

At Duran & Duran-Schulze Law, we can provide legal advice to both management and employees on matters of employment contracts, disciplinary measures, termination disputes, employee benefits, and other standards and details that could significantly affect the formulation of a CBA.

We also offer representation before labor arbiters, the National Labor Relations Commissions, and any other court to ensure our clients’ rights are protected while working towards an amicable settlement.

Our lawyers can also help maintain healthy labor-management relations by offering solutions to day-to-day problems and labor-management misunderstandings.