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Equal employment opportunity

Dear Atty. Joji,   My brother applied as a call center agent here in Manila. Lately, he was diagnosed with a chronic illness which incapacitated him to walk. Upon receiving the job offer, he was notified that due to his disability, his wage would amount to 75 percent of the wage earned by non-disabled employees in the same position. Dismayed, he did not accept the job offer. Is the employer’s contention correct, Atty.?   Anthony   ***   Dear Anthony,   No, the employer is not correct. Under Section 5 of RA 7277, as amended by RA 10524, a qualified disabled employee shall be subject to the same terms and conditions and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Under Section 6 of the IRR of RA 10524: “Section 6. Equal Employment Opportunity Opportunity for suitable employment shall be open to all qualified PWDs. Efforts shall be exerted to provide qualified PWDs equal opportunity in the selection process based on qualification standards prescribed for an appointment to a position in government and requirements set by the employers in private corporations. No PWD shall be denied access to opportunities for suitable employment. A qualified employee with disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as an employed able-bodied person. A person with disability shall not be discriminated on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement, and safe and healthy working conditions.” A qualified disabled person is an employee who can perform, with or without reasonable accommodations, the essential functions of her employment. In this case, your officemate is a qualified disabled person. There was no allegation that she cannot perform the essential functions of her employment. The employer should not have had her wage cut below minimum wage and should have provided the same compensation received by able-bodied employees, since the Magna Carta for Persons with Disability effectively amended Article 80 of the Labor Code with regard to minimum age of such workers. Hope to have enlightened you with your query.   Atty. Joji Alonso   The post Equal employment opportunity appeared first on Daily Tribune......»»

Source: Tribune TribuneCategory: NewsAug 29th, 2023Related News

Sell no casino

As a take-off point, let us quote Abraham Lincoln’s words on the legitimate object of government, viz., “It is to do for a community of people whatever they need to have done, but cannot do in their separate and individual capacities.” In the case of privatizing Pagcor down to some 45 casinos, it would appear that the “bargain of government spending” is framed along Adam Smith’s theory — “Give me this which I want and you shall have this which you want.” Privatization simply means removal of responsibilities, activities, or assets from the collective realm, but are there not “risks and rewards when we put public tasks into private hands?” All of a sudden — from out of the blue — this government plan to auction off Pagcor is quite disconcerting unless national survival has become a central concern. Rep. Rufus Rodriguez rightly questions, thus, “Why do we sell the goose that lays the golden egg?” Specially so since the agency’s forthcoming net gains are on the uptrend (i.e., P59 billion in 2022 and an estimated P75 billion by the end of this year). So far, the alibi of government is that by selling its casinos — lock, stock, and barrel — Pagcor’s role as “gaming regulator-cum-operator” becomes purely as regulator. In other words, there is that “revolving door problem” which should be avoided. Even granting that this could be a tenable argument for privatization — though never heard of — what would the backlash be? As far as the role of the Governance Commission for GOCCs is concerned, a public enterprise like Pagcor should only be privatized, if and only if, there’s a “government failure;” when it fails to generate revenues for the state; when it becomes reduced to a “non-performing asset;” when it shows “poor grades” in its Corporate Governance Scorecard. Thus, to privatize Pagcor absent these parameters should be interpreted as “implied contempt for government bureaucracy,” albeit misplaced. The sale of the casinos would fetch about P60 to P80 billion — practically within the same threshold of profit intake for any given year, give or take. In recent weeks, it’s as though the Senate’s over-fixated concerns with Pagcor were the POGOs (Philippine offshore gaming operators) alleged as fronts for human trafficking, kidnapping, other sorts of lawlessness. After privatizing the Pagcor casinos, will all these problems then go away? Bottom line, who in his right mind can say that Pagcor isn’t doing any better given that it contributes half of its revenues to the national coffers (i.e., in taxes) and mandated beneficiaries. It is said to be one of the government’s “staunch allies in nation building” and one of the biggest revenue generators. With the casinos out, who will shoulder the fiscal void created when “funded mandates” shift back to becoming unfunded? As a consequence of privatizing the casinos, there will be a number of national government agencies, local government units, non-government organizations, peoples’ organizations, a number of taxes, duties, licenses, fringe benefits — that taken together would no longer bring a “bundle of joy” to mandated beneficiaries who were allocated such subsidies over the years. The next thing that will ensue is the stark truth that Pagcor would cease to be a “responsible partner of the Filipino” — once privatization cuts the umbilical cord of subsidy dependence. In the next cycle, Pagcor would slide down from third place among GOCCS that remit the highest government contribution. As a rule, no GOCC belonging to so-called “billionaires club” should close shop without more justifiable grounds.  In short, it should come last in privatization’s pecking order. There’s clearly no compelling reason to sell off the Pagcor casinos by public auction if the projected proceeds to be generated thereof are practically equivalent to the profit intake of any given year. Again, it escapes comprehension why only a handful of policy makers are against this self-inflicted move. The new pack of most-favored operators will quickly recoup their money  without needing to gild the lily. What luck! The post Sell no casino appeared first on Daily Tribune......»»

Source: Abscbn AbscbnCategory: SportsAug 21st, 2023Related News

GMA GALA 2023: TOP STUNNERS

The GMA GALA 2023 took the fashion world by storm last weekend, becoming the most talked-about event in town. Fashionistas and trendsetters alike were eagerly fixated on their Instagram newsfeeds, waiting for glimpses of the celebs’ classic “elegant formal” evening ensembles and stunning attire. This year marked the GMA Gala’s sophomore edition, and it was nothing short of spectacular, thanks to the great design vision of event stylist Gideon Hermosa. The event was held on Saturday, 22 July, in Pasay City’s opulent Marriott Hotel Grand Ballroom. The occasion saw the attendance of top artists from GMA’s roster of talents, and to everyone’s delight, it was the first time that both Kapuso and Kapamilya stars came together under one roof to celebrate new milestones. Among the glitz and glamor, Daily Tribune compiled a list of the most stylish individuals who truly shone with their remarkable outfits, deserving special recognition for their impeccable fashion choices: Marian Rivera dazzled in a pure white Danielle Frankel gown with a tulle train and beautiful plissé embellishments. Her husband, Dingdong Dantes, complimented her look with a burgundy tuxedo, making them the night’s most eye-catching couple. [caption id="attachment_163212" align="aligncenter" width="1692"] Marian Rivera, And Dingdong Dantes[/caption]   Heart Evangelista, a global fashion icon, radiated sass in her ‘60s-inspired Schiaparelli dress adorned with paillettes and the label’s signature nipple design, as well as in her sparkling Bulgari jewelry. [caption id="attachment_163196" align="aligncenter" width="716"] Heart Evangelista | PHOTOGRAPH COURTESY OF IG/HEART EVANGELISTA[/caption]   Bea Alonzo, the recently engaged maven, looked chic and alluring in a corset dress from AZ Factory that expertly emphasized her proportions. Along with her fiancé Dominic Roque, she carried out the appearance with a beaded clutch and Bulgari jewelry. [caption id="attachment_163209" align="aligncenter" width="1080"] Bea Alonzo[/caption] Barbie Forteza reimagined the modern Maria Clara, looking at once mature, young, and refined in a form-fitting mint green silk gown by Ehrann Montoya, [caption id="attachment_163210" align="aligncenter" width="1809"] Barbie Forteza[/caption]   Gabbi Garcia embraced a sleek and sultry island-inspired fashion in her skin-flattering dress by Martin Bautista, featuring a tiered fringe skirt and mesh overlay. [caption id="attachment_163211" align="aligncenter" width="1771"] Gabbi Garcia, and Martin Bautista[/caption]   Sanya Lopez wowed as a golden goddess in a lavish serpentina gown designed by Michael Leyva that highlighted her curvy form with complex drapery. [caption id="attachment_163207" align="aligncenter" width="1779"] SANYA Lopez[/caption] Kylie Padilla evoked her memorable performance as Amihan in Encantadia. The look included a dramatic off-the-shoulder garment with pleats and beautiful patterns in a Chrysalis red carpet costume by Ehrran Montoya. [caption id="attachment_163198" align="aligncenter" width="759"] Kylie Padilla[/caption]   Anne Curtis exuded classic elegance in a white column gown by Saint Laurent with Tiffany jewels and a Holly Golightly-inspired updo modeled after Audrey Hepburn’s character in Sabrina. [caption id="attachment_163208" align="aligncenter" width="1507"] Anne Curtis[/caption] Vice Ganda stole the spotlight in a showstopping hyper glam look, featuring a crystal-encrusted gown by Neric Beltran, complemented by a white feather boa and vavavoom blonde hair. [caption id="attachment_163202" align="aligncenter" width="1831"] Vice Ganda | PHOTOGRAPHS BY SONNY ESPIRITUFOR THE DAILY TRIBUNE[/caption]   Vice Ganda stole the spotlight in a show stopping hyper glam look, featuring a crystal-encrusted gown by Neric Beltran, complemented by a white feather boa and vavavoom blonde hair. Rhian Ramos embodied subtle sexiness in her black tube gown with asymmetrical details, strategic cut-outs, and a see-through corset bodice. [caption id="attachment_163219" align="aligncenter" width="1770"] Rhian Ramos[/caption] Michelle Dee, our current Miss Universe, shone in a Mark Bumgarner creation with a dramatic figure-hugging skirt and beaded accents. [caption id="attachment_163220" align="aligncenter" width="1608"] Michelle Dee | PHOTOGRAPH BY SONNY ESPIRITU FOR THE DAILY TRIBUNE[/caption]   Julie Anne San Jose was a true princess in Mak Tumang’s fanciful muted lavender gown, where dreams turned into reality, and elegance sparkled with an ethereal brilliance. [caption id="attachment_163221" align="aligncenter" width="1080"] Julie Anne San Jose[/caption] Kyline Alcantara stood out in fashion thanks to her bold Jacquemus gown with its mermaid silhouette, peplum waist, and sweetheart neckline. [caption id="attachment_163199" align="aligncenter" width="779"] Kyline Alcantara[/caption]   Now, the question remains: Which GMA Gala 2023 look was your favorite? The post GMA GALA 2023: TOP STUNNERS appeared first on Daily Tribune......»»

Source: Tribune TribuneCategory: NewsJul 27th, 2023Related News

Terno on the Barbie:  Fil-Am actor Ana Cruz-Kayne showcases the Filipino dress  

  Fil-American actor Ana-Cruz Kayne who plays Supreme Court Justice Barbie in the Barbie movie has been showcasing her Filipino heritage by wearing modern takes on the terno for both the LA and London premieres. Designer Dennis Lustico designed both pink terno tops.  The first one Lustico referred to as a pink coconut terno, owing to the fringe that looks like shredded coconut, which Kayne paired with a pink fringey skirt as well. The terno Kayne wore to the London premiere had leaf appliques on the sheer pink fabric and had buttons done up to resemble a corset. The post Terno on the Barbie:  Fil-Am actor Ana Cruz-Kayne showcases the Filipino dress   appeared first on Daily Tribune......»»

Source: Tribune TribuneCategory: NewsJul 13th, 2023Related News

Handicapped woes

Dear Atty. Joji, Our officemate Pia is a software engineer in an advertising firm. Sometime in 2015, she figured into an accident which resulted to the loss of her ability to use her legs. Nevertheless, the performance and productivity of Pia remained the same. When the advertising firm had a change of management, Pia noticed that her wage became 25 percent lower than the minimum wage. When Pia asked management as to the sudden diminution of her wage, the management said that handicapped workers may be paid not less than 75 percent of the minimum wage. Is our employer correct? Ava ***** Dear Ava, No, the employer is not correct. Under Section 5 of RA 7277, as amended by RA 10524, a qualified disabled employee shall be subject to the same terms and conditions and the same compensation, privileges, benefits, fringe benefits, incentives or allowances as a qualified able-bodied person. Under Section 6 of the IRR of RA 10524: Section 6. Equal Employment Opportunity Opportunity for suitable employment shall be open to all qualified PWDs. Efforts shall be exerted to provide qualified PWDs equal opportunity in the selection process based on qualification standards prescribed for an appointment to a position in government and requirements set by the employers in private corporations. No PWD shall be denied access to opportunities for suitable employment. A qualified employee with disability shall be subject to the same terms and conditions of employment and the same compensation, privileges, benefits, fringe benefits, incentives, or allowances as an employed able-bodied person. A person with disability shall not be discriminated on the basis of disability with regard to all matters concerning all forms of employment, including conditions of recruitment, hiring and employment, continuance of employment, career advancement, and safe and healthy working conditions. A qualified disabled person is an employee who can perform, with or without reasonable accommodations, the essential functions of her employment. In this case, Pia is a qualified disabled person. There was no allegation that she cannot perform the essential functions of her employment. The employer should not have had her wage cut below minimum wage and should have provided the same compensation received by able-bodied software engineers in the firm, since the Magna Carta for Persons with Disability effectively amended Article 80 of the Labor Code with regard to minimum age of such workers. Hope to have enlightened you with your query. Atty. Joji Alonso The post Handicapped woes appeared first on Daily Tribune......»»

Source: Tribune TribuneCategory: NewsMay 21st, 2023Related News

Clarifications on taxation of equity-based compensation

When the Bureau of Internal Revenue issued Revenue Regulations 13-2022, entitled “Income Tax Treatment of Equity-Based Compensation”, it came as a surprise to some employers, specifically those who treat the equity-based compensation of their employees as fringe benefits......»»

Source: Philstar PhilstarCategory: FinanceNov 29th, 2022Related News

Nietes shows vintage performance

Fighting for the first time in 27 months, Filipino four-division champion Donnie Nietes put on a vintage performance yesterday as he outworked Pablo Carrillo of Colombia in ten rounds at Caesar’s Palace in Dubai in the United Arab Emirates. Though Nietes’ victory awarded him the fringe World Boxing Organization International super-flyweight crown, it was his […] The post Nietes shows vintage performance appeared first on Daily Tribune......»»

Source: Tribune TribuneCategory: NewsApr 4th, 2021Related News

Rahm s wild day ends with Memorial win and No. 1 ranking

By DOUG FERGUSON AP Golf Writer DUBLIN, Ohio (AP) — The drama was more than Jon Rahm wanted. The result was what he always imagined. Rahm became the No. 1 player in the world Sunday with a victory in the Memorial in which he watched an eight-shot lead at the turn shrink to three shots with three holes to play, and then hit what he called the greatest shot of his life that turned into a bogey because of a penalty. All that mattered was that fist-bump — not a handshake — with Jack Nicklaus, and taking his place along his idol Seve Ballesteros as the only Spaniards to reach No. 1 in the world. With a two-shot penalty for his ball moving the length of a dimple on his chip-in behind the 16th green, Rahm closed with 3-over 75 for a three-shot victory over Ryan Palmer. Rahm got up-and-down on the final four greens, which made it feel even sweeter. “One of the best performances of my life,” Rahm said. “Yesterday was probably one of the best rounds of my life, and finished today with some clutch up-and-downs. As a Spaniard, I'm kind of glad it happened that way.” The fiery emotion is his hallmark. He showed it with a tee shot that sailed left into a creek on the 11th hole, Rahm slamming his club into the ground in a pique of anger. And it was evident with that ferocious fist-pump when his flop shot from deep rough behind the 16th green rolled into the cup. Birdie or bogey, it was a winner, a shot that would have made Ballesteros proud. “I still can't believe it, I'm not going to lie,” he told Nicklaus off the 18th green. With the penalty — Rahm had no idea it was an issue after his round, but accepted the penalty when he saw a video that zoomed in close on the ball — he finished at 9-under 279 for his 10th career victory, fourth on the PGA Tour. Muirfield Village played its toughest in 42 years, with only five players under par, the fewest for the final round since this tournament began in 1976. Rahm's 75 was the highest finish by a winner since Roger Maltbie shot 76 the inaugural year. The rough wasn't cut all week. The greens were allowed to go to the edge because they are being replaced. Crews already had stripped the entire fifth green as the leaders were on the back nine. Rahm looked to be playing a different course. He played bogey-free on the front nine with birdies on the two par 5s. That put him eight shots clear on his way to No. 1. And then he made bogey on the 10th. Not a problem. He yanked his tee shot into a creek on the par-5 11th, and that was a bigger problem based on how hard he slammed the club into the ground in a pique of anger. He made double bogey. Palmer made birdie on the 12th, and then Rahm made another bogey from the bunker on the 14th. Just like that, the lead was three shots. Only a week ago at Muirfield Village for the Workday Charity Open, Justin Thomas had a three-shot lead with three holes to play and wound up losing in a playoff to Collin Morikawa. Rahm was worried his tee shot might find the back bunker, though the rough was not a great option with how fast the greens were running. Rahm was thinking anything inside 10 feet would be good. This was perfect, the ball landing on the fringe and sliding down the slope into the cup. As for the penalty? “It doesn’t change the outcome of the tournament,” he said. “It just puts a little bit of an asterisk in it in the sense of I wish I could just keep that birdie because it was one of the greatest shots of my life, right?” The chip was similar — but from a different angle — to Tiger Woods chipping in from behind the 16th green when he won the Memorial for the fifth time in 2012. Woods, in his first competition since Feb. 16 because of the COVID-19 pandemic, shot 76 and tied for 40th. “Tough, tough conditions to start out my first week back, Thursday and Sunday,” Woods said. “But it was good to get the feel and the flow of competing again.” Matthew Fitzpatrick had a 68 for the low score of the final day to finish third. The consolation prize went to Palmer (74) and Mackenzie Hughes (72), who earned spots in the U.S. Open at Winged Foot in September as the leading two players from the top 10 who were not already eligible. Henrik Norlander could have taken the final spot with a par on the 18th, but he missed the fairway well to the right, couldn't reach the green and made bogey. Norlander and Hughes tied at 3-under 285, but the spot went to Hughes because he had the better world ranking. That ranking now starts with Rahm, who only four years ago was at the Memorial to receive the Jack Nicklaus Award as the nation's best college player. Now he's the best in the world, a ranking that McIlroy had since Feb. 9. “He deserves it,” McIlroy said after his tie for 32nd. “He's been playing great for a long time. Even the display this week, it's pretty impressive.”.....»»

Source: Abscbn AbscbnCategory: SportsJul 20th, 2020Related News