HR & Labor Law

Part 1: 1:30pm – 3:00pm
COVID 19 LABOR AND EMPLOYMENT ISSUES
Featured Speaker: Atty. Emerico O. De Guzman
Managing Partner – ACCRALAW

Part 2: 3:15pm – 4:45pm
BEST PRACTICES IN DRAFTING EMPLOYEE CODE OF CONDUCT AND EMPLOYEE CONTRACTS
Featured Speaker: Atty. Kenneth Chua
Partner – Quisumbing Torres

August 25, 2021
1:30pm – 4:45pm
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Regular Rate           Php 1,499.00 + VAT starting August 19, 2021
Early Bird Rate        Php 1,399.00 + VAT until August 18, 2021
Group Rate              Php 1,299.00 + VAT per pax for 5 – 14 pax
Super Group Rate  Php 1,099.00 + VAT per pax for 15 or more pax

Inclusive of the two-part Webinar Session and the Digital Certificate
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Employment Issues Today

Program Overview

The current situation has uncorked a plethora of novel employment issues and made existing or traditional labor law concerns more pronounced. Needless to say, it has become imperative for all employers and their respective HR Practitioners to learn and master the basic and advanced concepts and techniques applicable in these trying times. This program will uncover the legal and smart ways to handle labor and employment issues, as well as the best practices in drafting the employee code of conduct and contracts.

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Part 1: 1:30pm – 3:00pm
COVID 19 LABOR AND EMPLOYMENT ISSUES
by Atty. Emerico O. De Guzman
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Discussion Points

A. Cost Control Options on Pay/Labor Standards
1. Reduction of Work Days
2. Rotation of Workers/ Work Shifts
3. Forced Leave
4. Compressed Work Week
5. Temporary Lay Off

B. Possible Work from Home Issues
1. The Issue on the Applicability of the Telecommuting Act
2. Management Prerogative to Direct Work from Home
3. Monitoring Work Hours
4. WFH Equipment and Support
5. Recalling Employees

C. The Options to Terminate Employment
1. Redundancy
2. Retrenchment
3. Retirement

Featured Speaker – Atty. Emerico O. De Guzman
Managing Partner, ACCRALAW

* He is currently the Managing Partner of ACCRALAW, specializing in labor and employment law.

* Among the positions he has handled are:

– 2006 President, People Management Association of the Philippines;

– 2014-15 President, Philippine Bar Association;

– Employer Representative, National Tripartite Industrial Peace Council;

– Co-Chair, Legal Practice Committee, Inter-Pacific Bar Association;

– Member, Executive Committee, Southwestern Institute of International and

Comparative Law;

– Chair, Human Capital Committee, Management Association of the Philippines

* He advises his clients on the labor impact of mergers and acquisitions, the preparation and audit of outsourcing agreements, employee pension plans and rules, and the conciliation, mediation and arbitration of labor and employment disputes.

* He successfully litigated a number of suits involving employers where the Supreme Court upheld the exercise of management prerogatives, including the enforcement of Company rules, the administration of compensation schemes, the resolution of wage distortions, and the resort to outsourcing arrangements.

* He authored the Philippine chapters of:

• “Handbook on Global Recruiting, Screening, Testing and Interviewing Criteria”, published by Kluwer Law International/International Bar Association;
• “Guide to International Labor and Employment Law”, published by Lexis Nexis/Littler Mendelson Global; and,
• “Restrictive Covenants and Trade Secrets in Employment Law”, published by the American Bar Association.

* Atty. De Guzman has delivered the following talks:

• “Notes on Philippine Employment and Productivity”, held at the 47th Annual Conference of the People Management Association of the Philippines, in Cebu City (2010);
• “Emerging Challenges for People Managers in Call Centers”, held at the International Contact Center Conference in Manila (2010);
• “Current Issues on Philippine Employment Law”, held at the Seminar on Essentials of Employment Law in Kuala Lumpur, Malaysia (2008);
• “Employment Law in the Philippines”, held at the Seminar on Asian Employment in Singapore (2007); and,
• “Enforcement of Restrictive Covenants”, held at the Asialaw Intellectual Property Forum in Hongkong (2006).

* Atty. de Guzman served as one of the Employer Representatives to the National Tripartite Industrial Peace Council in 2011. He also holds key positions in various institutions such as the Inter-Pacific Bar Association and the Human Resources Working Group of the National Competitive Council.

* In 2018, Mr. de Guzman was recognized as one of the Leading Lawyers in the field of Employment by the Legal 500 Asia Pacific. He was also considered as a Band 1 Lawyer in the field of Employment by the Chambers Asia-Pacific and Chambers & Partners in 2018.

* Similarly, he was considered as a Leading Lawyer in the field of Employment by the Asia Law Profiles in 2018. He was also awarded as the Best Labor and Employment Lawyer of the Year by the Legal 100 Asia Awards in 2018.

* Atty. de Guzman was recognized by Asialaw Profiles as a Distinguished Practitioner in the practice area of labor and employment in 2019.

* He was regarded as a “Leading Lawyer,” and was recommended for the practice area of Labor and Employment in the Asia Pacific Legal 500 for 2020.

* Mr. de Guzman was admitted to the Philippine Bar in 1983 and is a member of the Makati City Chapter of the Integrated Bar of the Philippines.

* Education:

• Harvard Law School Executive Education
  Law Firm Leadership Program
  2018 – 2018

• Center for American and International Law
  Program on American and International Law
  2005 – 2005

• National University of Singapore
  Program on Effective Negotiations
  1999 – 1999

• University of the Philippines
  Bachelor of Laws – LLB
  1977 – 1982

• University of the Philippines
  Bachelor of Science – BS Psychology
  1972 – 1976

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Part 2: 3:15pm – 4:45pm
BEST PRACTICES IN DRAFTING EMPLOYEE CODE OF CONDUCT AND EMPLOYEE CONTRACTS
by Atty. Kenneth Chua
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Discussion Points

* Legal Considerations

* Mandatory Policies

* Provisions in Employee Code of Conduct

* Employee Contract

* Provisions in Employment Agreement

* Take Away

* Questions and Answers

Featured Speaker: Atty. Kenneth L. Chua
Partner – Quisumbing Torres

Kenneth Chua is a partner and the head of Quisumbing Torres’ Employment Practice Group. He is also a member of the Financial Institutions and Technology, Media & Telecommunications Industry Groups in Manila. He participates in initiatives of Baker & McKenzie International of which Quisumbing Torres is a member firm. He is a member of Baker McKenzie’s Asia Pacific Employment & Compensation Steering Committee.

He has 21 years of experience advising clients on various labor and employment issues, including compensation and benefits, employment contract, and employee handbook.

Kenneth serves as the legal counsel representing Quisumbing Torres for the Global In-House Center Council Philippines (GICC). He sits in the Tripartite Executive Committee and the National Tripartite Industrial Peace Council of the Department of Labor and Employment as representative of the employer sector. He participates in the Technical Working Group on Labor and Social Policy Issues of the Employers Confederation of the Philippines.

He is consistently recognized as a Leading Lawyer in Employment by The Legal 500 Asia Pacific and Chambers Asia Pacific. He is also among Asia Business Law Journal’s inaugural “A-List” of the Top 100 lawyers in the Philippines.

IMPORTANT REMINDERS

LIMITED SLOTS. Limited slots are available. To avoid last-minute delays and inconveniences, we advise you to please register at the latest two days or one day before the webinar event.

REGISTRATION. You must register or be registered by someone else to be able to join our webinars.  Webinar access links are strictly sent through email therefore make sure you indicate the right email addresses for the participants. Please indicate how many participants you wish to include before hitting the REGISTER NOW button.

CHECK OUT. When you go to the Checkout Page, double-check the number of participants you have to register, if you change your mind or wish to make last-minute adjustments, do not forget to update your cart by clicking the UPDATE CART button.  Once everything is final, you may now click the PROCEED TO CHECK OUT button.

BILLING DETAILS AND THE NAMES OF THE PARTICIPANTS. On the upper portion, you have to enter your details (esp. your email address) as the one paying for the registration. Underneath, you have to enter the details (esp. the email addresses) of the participants you wish to join the webinar.

PAYMENT

POWERMAX provides three (3) payment options:
(1) Bank Deposit/Online Bank Transfer
(2) G-Cash
(3) PayPal/Credit or Debit Card Through PayPal 

Bank Deposit or Online Bank Transfer / G-Cash
If you choose Bank Deposit/Online Bank Transfer or G-Cash, you have to send the proof of payment to info@powermax.ph.

IMPORTANT:  Proof of payment must be sent to info@powermax.ph.  Failure to send the proof of payment to info@powermax.ph means the participants will not receive the webinar links even if the proof of payment is sent to other contact details of Powermax or its representatives (e.g., Facebook, Messenger, Viber, other email addresses, etc.).

Payment Through PayPal
If you choose to pay for your registration using PayPal you may do so.  Please take note that PayPal also accepts Debit Cards and Credit Cards bearing the VISA and Mastercard logo. Unlike the Bank Deposit/Online Bank Transfer, the PayPal process automatically updates our system to issue the participants their access to our webinars.

WEBINAR ACCESS LINKS.  Once payment is made and verified, we can activate the spot on the webinar then we can send the webinar access links to the email addresses of the participants – this only goes with Bank Deposit/Online Bank Transfer / G-Cash.  However, for payments made using PayPal, the activation process is automatic. Note that your webinar access link cannot be shared with anyone else.  If you cannot attend on the date and time of the webinar kindly advise us at the latest one day ahead.

POWER WEBINARS. Powermax live webinars are designed to give you an incisive insight into a plethora of interesting and relevant topics using Zoom technology. It aims to uncork the latest updates, best practices, useful strategies, and tactics, and/or practical tips and techniques not just to widen your horizon but also to equip you with the essential knowledge and skills. Hopefully, this will also encourage you to register for the other webinars of Powermax. Just visit our site – www.powermax.ph to see our other webinars.

A PLEASANT WEBINAR EXPERIENCE

To ensure a pleasant webinar experience, we recommend to registrants to:

1. Download and install the Zoom application beforehand
2. Ensure that there is a proper internet WIFI connection
3. Use a working webinar streaming device.

TERMS AND CONDITIONS

1. Definition of Terms
   • REGISTRANT – The person who has registered himself or other people for a webinar of Powermax
   • ENROLLEE(S) – The person(s) registered by the REGISTRANT
   • PAID REGISTRANT – The registrant who has paid in full for the registration of the ENROLLEE(S)
   • ATTENDEE(S) – The enrollee(s) who has / have actually attended the webinar
2. The Official Receipts will be made available for pick up at the office of

Powermax Consulting Group. If you need a soft copy, we can take a picture of it and send you a copy online. However, if you want the physical copy delivered to your office, you can arrange with and pay for a local courier service like Lalamove or Grab Express.

3. Sharing of the presentation materials depends on the webinar speaker.

(a) Some speakers willingly share their materials while others don’t.
(b) For the speakers who are willing to share their presentation materials

• Some prefer that the materials be sent in advance while others prefer that they be sent after the webinar
• Some prefer that the handouts to be given to the attendees are different from the PowerPoint files that they use and will not share the PPT files

Powermax cannot guarantee that the presentation materials of each webinar will be shared, or shared in advance, or will be the same as the PPT file of the speaker.

4. By joining the webinar of Powermax, you consent to interviews, photography, audio recording, video recording and its / their release, publication, exhibition, or reproduction to be used for news, web casts, promotional purposes, telecasts, advertising, inclusion on web sites, or for any other purpose(s) that Powermax, its vendors, partners, affiliates and/or representatives deems fit to use. You release Powermax, its officers and employees, and each and all persons involved from any liability connected with the taking, recording, digitizing, or publication of interviews, photographs, computer images, video and/or or sound recordings.Any form of video, image or audio recording during the webinar is not allowed unless with the express permission of the speaker and the management of Powermax Consulting Group.
5. By entering the event premises (conference venue or Zoom meeting platform), you waive all rights to any claims for payment or royalties in connection with any exhibition, streaming, webcasting, televising, or other publication of these materials, regardless of the purpose or sponsoring of such exhibiting, broadcasting, webcasting, or other publication irrespective of whether a fee for admission or sponsorship is charged. You also waive any right to inspect or approve any photo, video, or audio recording taken.
6. Any form of video, image or audio recording during the webinar is not allowed unless with the express permission of the speaker and the management of Powermax Consulting Group.
7. Your registration fee entitles your enrollee(s) to a slot in a webinar you have paid for but no record of the video of the webinar will be shared.
8. If an enrollee fails to join the webinar because Powermax fails to give the webinar link, the payment of his / her REGISTRANT will be refunded in full or if the REGISTRANT prefers, the payment will be rolled over to other webinars of his / her choice.
9. If an enrollee advises Powermax five (5) days before the scheduled date of the webinar that he / she cannot attend it, the payment for that slot will be rolled over to another webinar. But if he / she avails of the presentation materials of that webinar (assuming the speaker has shared the materials), the payment cannot be rolled over to another webinar.
10. If an enrollee fails to attend a webinar and also fails to advise Powermax five (5) days before the scheduled date of the webinar, the presentation materials of that webinar (assuming the speaker has shared the materials) will be given to him / her but there will be no option for rollover.
11. If an enrollee fails to attend a webinar because of a technical glitch on his / her device but other enrollees manage to join the said webinar, there will be no liability on the part of Powermax unless it can be established that there is a clear fault by a representative of Powermax.
12. Certificates will be given to the ATTENDEES only.
13. Questions or clarifications about the subject matter of a webinar can only be entertained by the speakers during the holding of the webinar. After the webinar, the speaker cannot be obliged to answer them though email, Facebook chat or some other means.
14. Unless asked by the speaker or the host to talk, the attendees should not unmute their microphone to avoid distracting the session. Anyone who persists in unmuting his / her audio, despite the reminder or warning, will be removed from the webinar session.
15. During the webinar, the ATTENDEES are not allowed to advertise any business competitive with the business of Powermax (seminars / webinars / events) or its sister company AGFI or Advertising and Gaming Fabrication, Inc. (signages, kiosks, podiums, gaming modules like tambiolo, roleta, pachinko; sticker and tarpaulin printing; and laser cutting)
16. We want everyone to enjoy the webinar. However, we reserve the right to remove participants who are unruly or disruptive (e.g., keeps making noise, spamming the chat, etc.) and no refund will be made.

Thank you and enjoy!

Keep safe and God Bless!