Badayos & Badayos Law

Labor and employment lawyers for employers, in Cebu City and nationwide.

An employment decision holds when the process behind it was sound. We help employers set clear standards, run discipline and restructuring properly, and keep the record that supports what they decide.

What we do

Contracts

Employment contracts, and the documents that fix status, duties, standards, and compensation, probationary employment included.

Employers abroad

Advising employers based abroad on engaging and managing staff in the Philippines.

Policies and handbooks

Workplace policies, codes of conduct, and employee handbooks, drafted so that they can be enforced.

Disciplinary process

Notice to explain, hearing, and the investigation record a tribunal will later read.

Restructuring

Redundancy, retrenchment, and closure: the process, the notices, and the separation pay.

Disputes

Dismissal disputes and money claims, before the DOLE, the NLRC, and on appeal.

Compliance review

Compliance reviews of existing contracts, policies, and practice, while nothing is in dispute.

Questions we are asked

01What should an employment contract fix?

Status, duties, the standard the work is measured against, compensation, and what happens at the end of probation. Many of the disputes we see turn on a point the contract could have settled in a sentence.

02We are based overseas and want to hire in the Philippines. Where do we start?

Start with how you will engage people, because that decision determines the documents you need, what you owe, and who carries the obligations. We advise employers based abroad on setting that up and on managing staff once they are in place.

03Our handbook came from our parent company. Is that a problem?

Often it needs work. A policy written for another jurisdiction may be sensible and still not be enforceable under Philippine law, and a rule that cannot be enforced is worse than no rule, because people rely on it. We review handbooks and codes of conduct and tell you which parts hold.

04Can we dismiss someone for poor performance?

Yes, it can be a ground, and the Labor Code puts the burden of proving that a termination was for a valid or authorized cause on the employer. These cases usually turn on whether the standard was set in writing, whether the shortfall was recorded as it happened, and whether the employee was told and given a real chance to answer.

05What notice does the law require before we dismiss someone?

The Labor Code requires a written notice stating the causes for the termination, and ample opportunity for the employee to be heard and to defend himself, with the assistance of a representative if he wishes. In practice that is run as two notices with a hearing between them, and the record of that process is what a tribunal reads first.

06We are making a position redundant. Is that different?

Yes. Redundancy is an authorized cause, which is a different footing from a just cause: it turns on business grounds and on notice, it carries separation pay, and the notices go to the employee and to the Department of Labor and Employment. We will compute what is due in your case, because the formula depends on the cause.

07What does it cost if a dismissal is found illegal?

Two awards. The first is full backwages, inclusive of allowances and other benefits or their monetary equivalent, running from the time compensation was withheld to actual reinstatement, so the figure grows while the case runs. The second is reinstatement, without loss of seniority rights and other privileges. Where reinstatement is no longer viable, commonly because relations have become strained, the courts award separation pay of one month’s salary for every year of service instead, on top of the backwages.

08Nothing is in dispute. Is a review still worth doing?

Yes. Reviewing contracts, policies, and practice while nothing is contested costs a fraction of what it costs to sort out the same questions after a complaint has been filed, and it is the only time the record can still be corrected.

09What will this cost, and how long will it take?

We agree the scope and the fee in writing before any work starts, so you are not committed to anything while we work out whether we can help. We do not publish a rate card, because an hour of advice before you act and a case that runs through the Commission and on appeal cost very different amounts. Ask us and we will quote for your matter.