Involuntary resignations

Sometimes an employee will complain of illegal dismissal while the employer argues that the employee was not dismissed at all, but actually resigned voluntarily. The employee says that he was put in such an unfair, untenable position from which he was forced to resign so that, under the law, he was actually dismissed. The employer, … Continue reading Involuntary resignations

Filipinos, foreigners, and real estate in the Philippines

These are the basic rules on land ownership: A Filipino citizen can own land in the Philippines. A foreigner cannot own land unless he is a former Filipino citizen or he happened to inherit that land. For a corporation to own land, at least 60% of that corporation’s capital must be owned by Filipino citizens. … Continue reading Filipinos, foreigners, and real estate in the Philippines

Corporate officers and Piercing the Veil of Corporate Fiction

A corporation has a legal personality separate and distinct from those who run or operate it. This means that, in general, the corporation’s liabilities are its own, not those of its directors, officer and employees. A particular set of circumstances is required for those individuals to be answerable for corporate obligations: Basic is the rule … Continue reading Corporate officers and Piercing the Veil of Corporate Fiction

Probationary employees and Due process in termination

Content What is a probationary employee? What is the correct legal procedure for terminating a probationary employee? What is a probationary employee? A probationary employee is provided for in Article 281 of the Labor Code of the Philippines: Art. 281. Probationary employment. Probationary employment shall not exceed six (6) months from the date the employee … Continue reading Probationary employees and Due process in termination