PERLAS DE FILIPINAS (Maigue, Remoroza, Totañes)

 Purchasing Manager - need to deal with suppliers to negotiate contracts for the purchase of necessary commodities and keep detailed records of transaction trends. In addition, to support the Finance and Operational Departments in the hotel's Cost of Sales monitoring, reporting, and controlling, including audit and control, financial analysis and reporting, budgeting, forecasting, and so on. Purchasing Manager Skills and Qualifications:  Proven working experience as Purchasing Manager, Agent or Officer  Familiarity with sourcing and vendor management  Interest in market dynamics along with business sense  A knack for negotiation and networking  Working experience of vendor management software  Ability to gather and analyses data and to work with figures  Solid judgment along with decision making skills  Strong leadership capabilities  BS degree in supply chain management, logistics or business administration

 Maintenance Manager - Keeping an eye on the hotel's infrastructure to ensure that it is both functioning and safe. Organizing repair, installation, and restoration projects. Managing maintenance crews (e.g. technicians, janitors). Maintenance Managers Skills and Qualifications:  Ability to create a maintenance schedule  Ability to troubleshoot  Knowledge of structure or grounds to be maintained  Knowledge of maintenance procedures  Knowledge of systems to be maintained (e.g. Electrical, roofing, pool)  Ability to lift heavy loads  Physical agility  Manual dexterity  Management experience is preferred  Experience in maintenance is required  Some positions need a master's degree in facility management or a related field

 Security Manager - The security of a hospitality property is overseen by a Security Manager. He is in charge of the Security Department and a multitude of security technologies that protect hotel guests, employees, and buildings. A hotel's security manager plays a critical part in its profitability. Security Manager Skills and Qualifications:  Proven experience as security manager or similar position  Experience using relevant technology and equipment (e.g. CCTV)  Experience in reporting and emergency response planning  Excellent knowledge of security protocols and procedures  Solid understanding of budgeting and statistical data analysis  Working knowledge of MS Office  Excellent communication and interpersonal skills  Outstanding organizational and leadership skills  Committed and reliable  High school diploma; Further education in security administration or similar field will be an asset

 A Hotel Driver, often known as a shuttle driver, picks up and drops off hotel guests at the airport in a limousine, van, or small bus. The hotel driver is also in charge of taking guests to tourist attractions such as the beach or other locations, as well as providing information on the area. Hotel Driver Skills and Qualifications:  Proven experience as a Driver  A valid driver’s license  A clean driving record  Minimum visual acuity of 20/50 (or corrected to 20/50)  Familiarity with GPS devices  Knowledge of area roads and neighborhoods  Ability to lift heavy packages and luggage  Availability to occasionally take weekend and night shifts  A polite and professional disposition  Ability to remain calm in stressful driving situations (e.g. at rush hour)  A high school diploma

VII. Job Contract EMPLOYMENT AGREEMENT This Employment Agreement is made and entered into by and between_______________ a profit corporation (hereinafter referred to as ―Employer’) and ___________ (hereinafter referred to as ―Employee) for the position of __________. Employee has served in various capacities in the cable television field and through such experience has acquired special skills abilities and knowledge regarding public, educational and government access, the Employer’s business and the industry in which it is engaged. NOW, THEREFORE, in consideration of the above recital and mutual promises and conditions in this Agreement, it is agreed as follows. AGREEMENTS 1. Employment. Employer shall employ Employee as the _________ of _________and Employee agrees to be employed as its ________ for the term and under the conditions set forth in this agreement. 2. Term of Agreement the term of this agreement shall be for a period of________ __ Years commencing on___________, and ending on ___________. 3. Salary, as the compensation for the services to be performed hereunder, Employee shall receive an annual base salary of _________ (pesos_______) during the first year of full employment, Employee shall receive compensation on the fifteenth (15th) and last day of each month. Employee shall receive increases in salary as may be determined by Employer’s Board of Directors in its sole and absolute discretion. Employer, in considering any appropriate increases in salary, shall consider factors including but not limited to: (1) Employee’s performance, (2) inaction factors: (3) grant funding received by the Employer, and (4) overall funding available to ________________ to provide access services. Employer shall have the right to deduct or withhold from the compensation due to Employee and any all sums required by the law to be deducted or withheld, including without limitation, federal income and social security taxes and all state or local taxes now applicable or that may be enacted and become applicable in the future.

4. Position Employee shall be the ---- AND ---- for Employer with full power and authority to manage and conduct all of the business of Employer, subjected to review by the Board of directors of Employer . A Full description of duties and responsibilities of Employee is set forth in section 9below. Employee shall not, however, take any of the following actions on behalf of Employer without the prior approval of the Executive Committee of the Board of directors A. Borrow or obtain credit in any amount or executive any guaranty B. Expend funds for capitals equipment in excess of budgeted expenditures for any calendar month. C. Execute any contract or make any commitment for the purchase of sale Employers as sets in excess of( 20,000 pesos) per month D. Execute any lease of real or personal property and E. Exercise any discretionary authority over the management of any employee welfare or pension benefit plan, or arrange the disposition of assets of any such plan.

VIII. Training and Development Plan/Program Training Policy Statement In accordance with Perlas de Filipinas’ Strategic Plan, it is the intention of our company that all training be planned activity; that employees receive training necessary to achieve development of skills, knowledge, abilities and attitudes related to their job duties and individual growth in their own departments and the organization overall; that training programs will provide for the full development and utilization of the human resources potential of the staff in conformance with the institutional values and strategic plan of Perlas de Filipinas. Training is defined as: One or a series of formal, planned activities which are instructional in nature and are developed for the purpose of conveying course content leading to the acquisition of demonstrable knowledge, skills, and abilities. Training shall provide for the following: 1. To establish within Perlas de Filipinas a uniform and equitable procedure for spending funds for employee training and development; 2. To declare Perlas de Filipinas’ intent to improve service through in-house training and outside training;

3. To ensure continuous staff development and the responsibility for it in order for Perlas de Filipinas to increase the knowledge, skills and abilities of employees to meet both present and future needs of their departments and the organization; 4. To assist in the implementation of a statewide program of career development to attract and retain persons of superior ability and potential for development.

Training Program I. Training will be planned generally for: A. New Employees: 1. To orient them to WSU programs and policies. 2. To teach them the skills, knowledge, abilities and attitudes necessary to safely and efficiently perform their jobs. B. Current Employees: 1. To keep them up to date on policy and regulation changes. 2. To expand their knowledge and skills necessary for upward mobility. C. Supervisory and Management Employees: 1. To provide them with supervisory, management and human relations skills so they can effectively work with the employees they supervise to accomplish unit goals and objectives. 2. To update these skills. D. All Employees: 1. To provide them with human relations skills so they can courteously and effectively serve the public, work harmoniously and efficiently with other employees. 2. To improve practices in their professional, technical, and clerical fields. 3. To enable them to develop and realize their own potential. 4. To address safety, risk management and compliance issues.

II. Training will be accomplished through one or a combination of the following methods: A. Technical Training: Training for new or experienced employees designed to provide minimum skills necessary to perform required duties of the current position. B. Proficiency Training: Training for permanent employees designed to correct a deficiency identified in reviewing work plans or performance appraisals; or to provide additional knowledge which would improve performance in the current position. C. Developmental Training: Training for permanent employees designed to develop skills or provide knowledge which will enhance an employee's opportunity for promotion. D. In-House Training: Training received from WSU personnel, including on line/e-learning and formal classroom instruction through in-service offerings or academic classes. E. Outside Training: Training received from anyone other than WSU personnel, including all other state or federal agencies or organizations, private consultants or other recognized providers. Positions Responsible for Employee Training and Development Perlas de Filipinas Training is a joint responsibility of HRS, individual departments, other University entities, employees and managers/supervisors. The Director of Human Resource Services (HRS) maintains overall responsibility for Employee Training and Development. HRS is responsible for developing the Training and Development Plan as prescribed by company management. Department administrators are responsible for providing the training offered by their respective units. The responsible department offers necessary policy, procedures, systems and compliance training. Such training and appropriate refreshers are offered as needed and may fulfill regulatory requirements. HRS assists with coordinating and facilitating these training sessions.

HRS shall: 1. Implement the training policy and programs; 2. Conduct training needs assessments; 3. Plan, design and instruct WSU-wide proficiency and developmental training in WSU procedures and practices; 4. Coordinate proficiency and developmental training needs with executive staff, other agencies or private consultants; 5. Screen and evaluate available training programs; 6. Coordinate, advise and assist divisions with their technical training requirements as necessary; 7. Coordinate, advise and assist with intra-divisional and inter-divisional communication; 8. Review proficiency and developmental training; 9. Administer general training funds; 10. Maintain individual and WSU training records. Required Training Supervisors may require employees to attend training that is job-related, meets an identified employer need and/or is required by state or federal law or other regulatory body. The following are examples of training that may be required by WSU and/or supervisor/managers: New Employee Orientation  HRS provides a general new employee orientation and an employee benefits orientation.  HRS maintains a New Employee web site to address questions and provide resources for new employees.

Departmental Orientation  Each department or work unit is to provide appropriate and required orientation regarding the individual’s position responsibilities, expected standards of performance and safety issues. The supervisor (or his/her designee) will complete the appropriate New Employee Orientation Checklist and Environmental Health and Safety Checklist with each new employee. A link to the forms can be found at the HRS New Employee site. Management and Supervisory Training  HRS will develop and conduct management and supervisory training in accordance with Perlas de Filipinas rules and policies. Equity and Diversity Training  Primary responsibility for Equal Employment Opportunity, Workplace Discrimination and Sexual Harassment and Diversity training lies with the Division of Student Affairs, Equity and Diversity. Environmental Health and Safety Training  The primary responsibility for environmental, health and safety training rests with supervisors in coordination with the departments of Environmental Health and Safety, Public Safety, Radiation Safety, Risk Management and the Vice Provost for Research.

IX. Company Rules and Policies PERLAS DE FILIPINAS RULES AND POLICIES Perlas de Filipinas requires and observe the cooperation of the guest regarding the implemented rules and regulations of the hotel in order to maintain and ensure the safety of the guest and make the stay pleasant as possible. Below are the following rules and regulation agreement by the guest and Perlas de Filipinas under which rooms are allowed to be utilized by the guest(s): 1. Tarrif The Perlas de Filipinas Hotel room rate includes the lodging, breakfast, and insurance fee. However, the tourist tax was excluded on these fees. The additional meals, amenities, and services to be avail by the guest are subject for an additional fee. If in any case guest will request for an upgrade rooms amenities and service, it must directly address to the Front Office. If a rollaway bed is required, there will be an extra charge. 2. Bills Settlement For all the services given during the stay in the hotel, all bills must be signed personally by the guest. Bills must be paid at the time of check-out or upon presentation. 3. Lien of the Company on the Luggage and Personal Effects of Guests Perlas de Filipinas Hotel shall have a lien on a guest's luggage and belongings in the event of nonpayment of dues and shall be right to keep and sell such property at any time without notice to the Guest. The net sale proceeds will be applied to the amount owed by the Guest, without prejudice to Perlas de Filipinas right to pursue any additional recovery actions that may be available.

4. Check-in Check-in is from 15:00 to 22:00 p.m. No-Show rooms are those that are not occupied by the guest at 22:00 hours. On arrival, guests must sign registration forms. For check-in ID card or passport is required. Visitors are required by law to produce personal documents for hotel records. These papers will be scanned and handed back to you. All visitors must present a guarantee of payment for their stay at the hotel upon arrival. 5. Use of Personal Information The Guest agrees and consents the Perlas de Filipinas to process (photocopying/scanning) on his or her personal documents in order to register as a hotel guest. The Guest may choose to register by fingerprint at his or her own discretion, in which case he or she also agrees to the processing of such data. 6. Departure The check-out time is 11:00 hours. If the guest prefers to keep the room after this time, it requires notifying the Front Desk. Depending on availability, an extension will be granted. If the room is available, the standard rate will be applied. If the Guest fails to check out by the time it expires, the Hotel Management has the authority to remove the Guest and his or her things from the room. 7. Service of Housekeeping Room cleaning will take place between the hours of 08:00 and 15:00. If in any case guest requires specific time of cleaning the agreement between Front office must take place.

8. “Please do not disturb” Sign Pressing the red button, the red light on the outer side will automatically appear to notify the Hotel Personnel not to be disturb at any time and this will take by the hotel personnel as a sign to reschedule the time of cleaning. The hotel personnel will leave a hanger on the door to notify the guest whether when they are ready to have a cleaning in their room. 9. Belongings of Guests Guests are given a key card at check-in and are reminded to lock their room’s doors before leaving or entering. Safes are supplied in each room for visitors' convenience to store any valuables. A safety deposit box is also accessible at the Front Office. Guests are asked to place all of their valuables in the in-room safe or the Front Office safety deposit box. The Perlas de Filipinas Hotel shall not be held liable for any loss or damage to the Guest's goods caused by any cause, including theft, from the Hotel room, safe, or any other portion of the Hotel. 10. Pets Perlas de Filipinas welcomes dogs weighing less than 40 kg/88 lbs, with a limit of two dogs per room at 40 kg/88 lbs. Dogs are only permitted in the rooms if permission is provided at the time of booking. There is a specific charge for the dog per night. Service dogs are always welcome, and there is no charge for them. Dogs must be on a leash or in a carrier while walking through the lobby or public areas of the hotel. 11. Hazardous Materials Weapons, explosives, combustible objects and materials, as well as other hazardous chemicals and goods, are strictly forbidden on hotel property.

12. Property Detriment Guests shall be held liable for any loss or damage to Perlas de Filipinas property caused by them, their guests, or anyone else they are responsible for. In the event that the Guest damages the Hotel, the Guest is responsible for all costs associated with the damage. 13. Complaints of the Guest Every complaint will be address by the Front office. 14. The Rights of Hotel Management The Guest agrees to conduct him or herself in a respectful manner, not to cause any disturbances to other guests, and not to cause any nuisance or irritation within the Hotel grounds. If the Guest Visitor violates the Hotel Rules and Management Policies, the Hotel Management has the right to ask any guest to quit his or her room or other areas of the Hotel immediately, without prior notice and without assigning any cause, and the Guest is obligated to comply. In the event of a default, the Hotel Management has the right to remove the Guest's bags and belongings from the room. 15. Government rules and regulations, as well as the enforcement of laws All applicable acts and laws, as well as Government rules and regulations of the Republic of Croatia, must be observed, abided by, confirmed, and obligated by guests. The Hotel Management maintains the right to add to, change, or amend any of the Terms, Conditions, or Rules listed above.

X. Disciplinary Actions and Procedures Perlas de Filipinas aim to build a transparent management between employees. We aim to build a strong communication and commitment towards our employee. In accordance to have a good work environment we give an explicit focus in employee disciplinary action in order to maintain a compliance with the hotel policies as well as to practice ethical manner in a workplace. Perlas de Filipinas Disciplinary Action and Procedure purpose is to communicate towards employee conduct standards in order to avoid undesirable/unacceptable behavior on the part of employees, to have an employee conduct consequences and to investigate procedures, employee and employer rights in the event of disciplinary action against any employee. The disciplinary action must be applied in the following reasons. Reasons for Disciplinary Action  Theft or deception  Physical aggression or bullying  Intentional and significant property damage  Serious misuse of a hotel’s property or name  Accessing pornographic, rude, or vulgar content on the internet on purpose inside the hotel premises  Serious insubordination  Prejudice or harassment that is unjustifiable  Causing great disrepute to the Hotel  Serious work incapacity caused by alcohol or illegal drugs  Producing substantial loss, damage, or injury as a result of serious negligence  Serious breach of health and safety rules

The Disciplinary procedures play a vital role in Perlas de Filipinas Hotel. It is vital for our employees to follow the organization's rules, codes, and policies. In relation to this Perlas de Filipinas is being transparent to the employee in the way of providing valid reason for any termination or dismissals. The following factors are the reasons for the right of Perlas de Filipinas to terminate or dismiss employees. All of these actions obstruct your company's ability to perform properly. Reason for Dismissal/Termination  Employee lack on capability, this could apply to instances where employees are having trouble performing and fulfilling their tasks; conversely, it could refer to situations where an employee is unable to accomplish their job due to illness.  Employee Misconduct, this might range from small to major infractions.  Insubordination and related issues such as dishonesty or disregarding corporate policies are all examples of insubordination.  Issues with attendance, such as frequent absenteeism or persistent tardiness  Theft and other criminal activity  Sexual harassment and other forms of discrimination  Threats or physical violence towards coworkers

XI. Legal Aspects in Human Resource Philippine Setting HRM as a specialized and systematic business function is a relatively new field in the Philippines. In the 1950s, human behavior in organizations was a neglected issue because companies focused on work simplification and methods improvement. In the 1970s, personnel management still rated low in the priorities of organizations, often only operating as a subunit of the finance or the manufacturing department. Lately, many companies have begun to reassess their corporate philosophy in favor of regarding people not as cost but as investment and assets, professing a belief in HRM. In the case of San Miguel Corporation (SMC), the food and beverage conglomerate which is historically the largest listed company and biggest employer in the Philippines, it was the founder himself (Don Andres Soriano) who led the way to modern HRM. The development of an institutionalized philosophy in people management took several generations, but the HRM function has always enjoyed the status it deserves in SMC (Fajardo, 1997). Since 1990, SMC has built two training centers to provide highly popular courses in marketing, finance, operations management, leadership, communications skills and foreign languages (Selwyn, 1992). Various management associations have been dealing with personnel management. One of them, the Personnel Management Association of the Philippines (PMAP) was founded in 1956. It has promoted and given impetus to the institutionalization of personnel management. During its formative years, Philippine corporations were more concerned about finance, plant facilities and marketing. Personnel programmes were informal if they existed at all; employees managing the small personnel units performed clerical tasks and rarely had a say in recruitment, hiring, promotion or termination policies.

1. TERMS AND CONDITIONS OF EMPLOYMENT 1.1 What are the main sources of employment law? The Labor Code of the Philippines (―Labor Code‖) is the primary source of employment law. The Constitution provides guidance and is supplemented by numerous employment- related legislations, decision/rulings by the Philippine Supreme Court, and the administrative issuances of the Department of Labor and Employment (―DOLE‖). 1.2 What types of worker are protected by employment law? How are different types of worker distinguished? The following types of employee are protected:  Regular employees: (i) by nature of the work or those who are engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer; and (ii) by years of service or those who have rendered at least one year of service, whether continuous or broken, with respect to the activity in which they are employed. They enjoy security of tenure and all the protections afforded by law.  Project employees are those whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time the employee is engaged and thus, the period of engagement is coterminous with the project. They enjoy security of tenure for the duration of the project.  Seasonal employees are those who perform work that is seasonal in nature and are employed only for the duration of a season.  Casual or temporary employees are those engaged to perform a job, work or service which is merely incidental to the business of the employer  Fixed-term employees are not common and are not expressly recognized in the Labor Code. Jurisprudence recognizes their validity under specific circumstances. They are entitled to contractual benefits and enjoy security of tenure for the duration of the contract.  Probationary employees are those who are made to go on a trial period before regularization. They enjoy security of tenure during the probationary period and may not be dismissed except for just or authorized cause or when they fail to qualify as regular employees. Probationary Employment shall not exceed six months.

1.3 Do contracts of employment have to be in writing? If not, do employees have to be provided with specific information in writing? Only in some cases. The terms of employment must be in a record that the government inspectors may review. Some cases require a written contract, such as for the employment of a domestic helper, for working children in public entertainment or information, and in trilateral job contracting. 1.4 Are any terms implied into contracts of employment? Yes, the Labor Code provides for minimum terms and conditions of employment. Terms may also be implied by law or by custom, such as an employee’s duty to serve an employer with fidelity, honesty and good faith, obeying all legal and reasonable orders of the employer. 1.5 Are any minimum employment terms and conditions set down by law that employers have to be observed? Yes. These terms and conditions pertain to: minimum wage, overtime pay; night shift differential; service incentive leave; statutory leave (maternity, paternity, solo parent, etc.); rest day; premium payment for a special holiday or rest day work; holiday pay; separation pay; and retirement pay. 1.6 To what extent are terms and conditions of employment agreed through collective bargaining? Does bargaining usually take place at company or industry level? Both economic (e.g., salary increases) and non-economic (e.g., union security clauses) terms and conditions of employment may be agreed through collective bargaining. Collective bargaining takes place at the company level.

2. DISCRIMINATION 2.1 Are the employees protected against discrimination? If so, on what grounds is discrimination prohibited? Yes, employees are protected against certain types of discrimination. Legislation provides the basis for the protection. 2.2 What types of discrimination are unlawful and in what circumstances? In general, it is unlawful to discriminate with respect to terms and conditions of employment on account of: (1) sex; (2) age; (3) married status; (4) pregnant status; (5) solo parents status; (6) disability; (7) mental health condition; (8) ethnicity; (9) actual, perceived or suspected HIV status; (10) having tuberculosis; (11) having hepatitis B; (12) having cancer or being a cancer survivor (who is considered a person with disability); and (13) union membership. 2.3 Are there any special rules relating to sexual harassment (such as mandatory training requirements)? The Anti-Sexual Harassment Act of 1995 (Republic Act No. 7877) mandates employers to formulate and adopt policies to prevent or defer the commission of acts of sexual harassment, among others. The Safe Spaces Act (Republic Act No. 11313) imposes the duty on employers or other persons of authority, influence or moral ascendancy in a workplace to prevent, deter or punish the commission of acts of gender-based sexual harassment in the workplace. 2.4 Are there any defences to a discrimination claim? The ability to invoke a bona fide occupational qualification (―BFOQ‖), where the particular requirements of the job would justify the same, is a possible defence to a discrimination claim. A BFOQ would be valid provided it reflects an inherent quality reasonably necessary for satisfactory job performance. 2.5 How do employees enforce their discrimination rights? Can employers settle claims before or after they are initiated? The employees may file a complaint in order to enforce their discrimination rights. The employer may settle claims at any stage of a claims proceeding.

2.6 What remedies are available to employees in successful discrimination claims? Money claims and an action for damages are the usual remedies. If the discrimination results in illegal dismissal, the employee may be awarded reinstatement (or separation pay in lieu of reinstatement), full back wages and damages. The employees may also pursue a criminal case for violation of special laws prohibiting discrimination. 2.7 Do “atypical” workers (such as those working part-time, on a fixed-term contract or as a temporary agency worker) have any additional protection? Under the discrimination laws stated above, there is no qualification as to the type of employees. The provisions apply equally to all types of employees. There is no additional protection given to atypical workers. 2.8 Are there any specific rules or requirements in relation to whistleblowing/employees who raise concerns about corporate malpractice? The Philippines does not have a whistleblower protection law, but there may be immunity/rewards available to whistleblowers or people who give certain information to the government under certain laws (e.g., in relation to taxes or graft and corruption).

3. MATERNITY AND FAMILY LEAVE RIGHTS 3.1 How long does maternity leave last? Employees are generally entitled to 105 days of maternity leave with pay. 3.2 What rights, including rights to pay and benefits, does a woman have during maternity leave? A woman has the right not to be terminated from employment solely due to her pregnancy or by reason of her availment of the maternity leave benefits under the law. She has the right to extend her maternity leave for an additional 30 days without pay. She also has the right to assign up to seven days of her leave benefits to the child’s father, or in his absence, to a relative within the fourth degree of consanguinity or to her partner who is sharing the same household with her. 3.3 What rights does a woman have upon her return to work from maternity leave? Female employees who avail of the maternity leave benefits shall be assured of security of tenure and the right to return to her former position without lost of any seniority rights. 3.4 Do fathers have the right to take paternity leave? Yes. Pursuant to the Paternity Leave Act (Republic Act No. 8187), a male employee is entitled to paternity leave benefits of not less than seven days up to the first four deliveries of his legitimate spouse. 3.5 Are they any other parental leave rights that employees have to observe? Aside from maternity and paternity leave benefits, the Solo Parents’ Welfare Act (Republic Act No. 8972) entitles solo parent employees to parental leave of not more than seven working days every year to perform parents duties and responsibilities where physical presence is required. 3.6 Are employees entitled to work flexibility if they have responsibility for caring for dependants? There is no law in the Philippines which generally grants employees the right to work flexibly to provide care to dependents. The Solo Parents’ Welfare Act permits the employer to grant a flexible working schedule to solo parents.

4. TERMINATION OF EMPLOYMENT 4.1 Do employees have to be given notice of termination of their employment? How is the notice period determined? Yes, employees must be given notice of termination. Just cause terminations are communicated to the employee via a notice of decision after observance of due process. Authorized cause terminations require written notices to the affected employees and the DOLE at least 30 days before the effective date of termination. 4.2 Can employers require employees to serve a period of “garden leave” during their notice period when the employee remains employed but does not have to attend for work? “Garden leave” is not provided for as such in the Philippines. It may be similar to placing an employee on leave with pay, but that is not a Philippine law requirement. 4.3 What protection do employees have against dismissal? In what circumstances is an employee treated as being dismissed? Is consent from a third party required before an employer can dismiss? Employees may be validly dismissed only after compliance with both substantive and procedural due process requirements of law. Substantive due process refers to having a valid ground for dismissal, while procedural due process refers to the procedural requirements leading to dismissal. Notice to the employee and/or the DOLE may be required for the dismissal to be valid. There is no consent requirement. 4.4 Are there any categories of employees who enjoy special protection against dismissal? There are no categories of employees who enjoy special protection against dismissal for just or authorized causes under the Labor Code. An employer, however, is prohibited from discrimination employees when terminating employment. Hence, certain groups of employees (i.e., women, the disabled, or employees with HIV, Hepatitis B and tuberculosis) may not be terminated solely on account of their gender or condition.

4.5 When will an employer be entitled to dismiss for: 1) reasons related to the individual employee; or 2) business related reasons? Are employees entitled to compensation on dismissal and if so, how is compensation calculated? The employer may dismiss employees only for just or authorized causes under the Labor Code. The just causes for terminating employment include the following: a. serious misconduct or willful disobedience by the employee of the lawful orders of his employer or representative in connection with his work; b. gross and habitual neglect by the employee of his duties; c. fraud or willful breach by the employee of the trust reposed in him by his employer or duly authorized representative; d. commission of a crime or offence by the employee against the person of his employer or any immediate member of his family or his duly authorized representatives; and e. other causes analogous to the foregoing (i.e., abandonment of work, gross immorality or gross incompetence). On the other hand, the following are the authorized causes under the law: a. installation of labor-saving devices; b. redundancy; c. retrenchment; d. closure or cessation of business; and e. disease In a just cause termination, the dismissed employee is not entitled to any separation pay. For termination due to authorized causes, the employee is generally entitled to payment of separation pay.

4.6 Are there any specific procedures that an employer has to follow in relation to individual dismissals? Yes. For termination due to just causes, the employer must inform the employee of the charges upon which termination may ensue and provide opportunity for the employee to explain. If the explanation is unsatisfactory, the notice of decision follows leading to termination of employment. For termination due to authorized causes, the employer must serve written notices to the displaced employee and the DOLE at least 30 days before the effective date of termination and must pay the displaced employee severance pay computed in accordance with law. 4.7 What claims can an employee bring if he or she is dismissed? What are the remedies for a successful claim? An employee may file a case for illegal dismissal. A successful claim may result in an award for reinstatement without loss of seniority rights and full back wages, inclusive of allowances and other benefits computed from the time the employee’s compensation was withheld from him up to the time of his actual reinstatement. Moral and exemplary damages and attorney’s fees may also be awarded. The employer may appeal the decision to the National Labor Relations Commission (“NLRC”) and then to the Court of Appeals and the Supreme Court. 4.8 Can employers settle claims before or after they are initiated? Employers may settle claims of the employees at any time before or after a formal complaint is filed. An amicable settlement or compromise of a labor case is possible at any time before the finality of the decision in the case. 4.9 Does an employer have any additional obligations if it is dismissing a number of employees at the same times? No. There are no additional or special obligations arising from the facts that the dismissal will affect many employees other than those already discussed at question 4.6 above.

4.10 How do employees enforce their rights in relation to mass dismissals and what are the consequences if an employer fails to comply with its obligations? Employees who are the subjective of mas dismissals have the same resourse and remedies available to employees, in general, who have been unjustly terminated from employment. Since employers have no special obligations in case of mass dismissals, liability for unlawful termination is the same as those discussed at question 4.7 above.

5. DATA PROTECTION AND EMPLOYEE PRIVACY 5.1 How do employee data protection rights affect the employment relationship? Can an employer transfer employee data freely to other countries? The Data Privacy Act of 2021, its implementing rules and regulations, and the circulars issued by the National Privacy Commission from time to time (“DPA”), apply to employee data that fall under the definition of personal information and sensitive personal information. The employer’s ability to “process”, referring to any operation or set of operations performed upon data such as collection, recording, organization, storage, updating or modifying, retrieval, consultation, use, consolidation, blocking, erasure, or destruction of data is restricted. The data subject’s consent is required to perform any act of data processing, including the transfer of that data to other countries. 5.2 Do employees have a right to obtain copies of any personal information that is held by their employer? Yes, employees as data subjects are entitled to obtain copies of any personal information that is held by their employer. 5.3 Are employers entitled to carry out pre-employment checks on prospective employees (such as criminal record checks)? Yes, case law permits this. 5.4 Are employers entitled to monitor an employee’s emails, telephone calls or use of an employer’s computer system? Case law permits this, subjective to the following considerations: (a) the employee’s relationship to the item seized; (b) whether the item was in the immediate control of the employee when it was seized; (c) whether the employee took actions to maintain his privacy in the item; and (d) the presence of a policy regulating the use of office computers, and proceeding from the foregoing. 5.5 Can an employer control an employee’s use of social media in or outside the workplace? Employer regulation of an employee’s usage of social media in the workplace is permitted. Regulation outside of the workplace is not as clear.



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