Labor Law

The relationship between an employer and an employee is the engine of our economy and the foundation of an individual's livelihood. It is a partnership governed by a complex framework of laws designed to ensure fairness, protect the vulnerable, and foster a productive and stable work environment. The Philippine Labor Code and its associated regulations are built on a principle of social justice, seeking to balance the rights of workers to fair compensation and humane working conditions with the rights of businesses to manage their operations and thrive. Navigating this landscape requires expertise, diligence, and a deep understanding of the nuances of labor relations.

At the Mamangun Law Office, we provide comprehensive legal services for both employees and employers. For employees, we are staunch advocates, dedicated to protecting your rights against unfair treatment, illegal termination, and exploitation. For employers, we are proactive partners, offering strategic counsel to ensure compliance, prevent costly disputes, and cultivate a workplace culture grounded in fairness and respect for the law. Our goal is to achieve just and effective resolutions to even the most contentious labor issues.

Compliance with Labor Standards

For any business, proactive compliance is the best defense against labor disputes. Labor standards are the minimum terms and conditions of employment mandated by law, covering everything from minimum wage, overtime pay, and holiday premiums to proper working hours and statutory leaves. Our firm acts as a strategic advisor to businesses, helping you navigate these complex requirements. We assist in drafting legally sound employment contracts, crafting clear and fair company policies and employee handbooks, and conducting internal audits to identify and rectify potential compliance gaps. By ensuring you meet and exceed your legal obligations, we help you foster a positive workplace and mitigate the risk of litigation.

Illegal Dismissal & Constructive Dismissal

The right to security of tenure is a cornerstone of Philippine labor law. An employee cannot be dismissed without a "just cause" (like misconduct or negligence) or an "authorized cause" (like redundancy or closure) and without the observance of procedural due process.

• Illegal Dismissal: This occurs when an employee is terminated without valid grounds or without being given the proper notices and opportunity to be heard.

• Constructive Dismissal: This is a "dismissal in disguise," where an employer makes working conditions so unbearable that the employee is left with no choice but to resign.

We are fierce advocates for employees who have been unjustly dismissed. We fight to secure their reinstatement, the payment of full back wages, and moral and exemplary damages for the wrongful termination.

Non-payment of Wages & Benefits

Receiving fair and timely compensation for work rendered is a fundamental right. Disputes over unpaid wages and benefits are among the most common and damaging labor issues. Our firm provides aggressive representation for employees pursuing monetary claims against their employers. This includes fighting for unpaid salaries, 13th-month pay, overtime and holiday pay, service incentive leave benefits, and final pay upon resignation or termination. We are committed to ensuring that every worker receives the full compensation they have rightfully earned.

Unfair Labor Practice (ULP)

The Constitution guarantees the right of workers to self-organization. An Unfair Labor Practice (ULP) is any act that interferes with, coerces, or restrains employees in the exercise of this right. This can include "union-busting" tactics by management, such as firing employees for union activities, or unlawful acts by a union against its own members. These cases are highly complex and strike at the heart of industrial democracy. We represent both management and labor unions in ULP disputes, providing skilled representation to protect these fundamental rights and ensure all parties act within the bounds of the law.

Labor Dispute Resolution

While litigation is sometimes necessary, it is not always the only or best solution. We are skilled in all forms of labor dispute resolution. We explore avenues for amicable settlement through mediation and conciliation, aiming to find practical, efficient, and mutually acceptable solutions that can save our clients valuable time and resources. Our approach is to negotiate from a position of strength, grounded in a thorough understanding of the law and the facts of your case. However, should settlement prove impossible, we are fully prepared to advocate for your position through compulsory arbitration.

Cases at the NLRC (National Labor Relations Commission)

The NLRC is the primary government body tasked with adjudicating labor disputes in the Philippines. Navigating its procedures requires specialized knowledge and experience. Our attorneys are highly proficient in handling cases at every level of the NL. From filing the initial position paper with the Labor Arbiter, to appealing a decision to the Commission En Banc, and, if necessary, elevating the case to the Court of Appeals and the Supreme Court, we provide expert representation every step of the way. We combine procedural mastery with compelling legal argumentation to present your case effectively and pursue a favorable outcome.