Employee Transfer: Managing Employee Rights Under Philippine Labor Law
Employee Transfer: Managing Employee Rights Under Philippine Labor Law
What are the mandatory rights and benefits of existing employees that must be managed and preserved during a business acquisition under Philippine Labor Law?
3 Answers
Under Philippine labor law, a buyer must honor existing employees’ wages, benefits, tenure, and accrued leave, maintain their social security, health, and retirement contributions, and respect employment contracts and union agreements. This ensures continuity of employment and legal compliance during the acquisition.
When acquiring a business in the Philippines, existing employees’ rights can’t be ignored, and protecting them is both a legal and moral necessity. Buyers must honor all earned wages, leave balances, social benefits (SSS, PhilHealth, Pag-IBIG), and existing employment contracts, including seniority and tenure-based rights. Any changes to terms or layoffs must comply with the Labor Code, or you risk disputes. It can feel heavy, but treating employees fairly during a transition not only keeps you legally safe but also preserves morale and trust which is priceless when you’re trying to keep the business running smoothly after the sale.
Under Philippine labor law, when acquiring a business, the buyer must honor existing employees’ rights, including continuity of service, accrued benefits (leave, 13th-month pay), and retirement contributions. Any changes in employment terms must comply with labor contracts and collective bargaining agreements, ensuring staff are treated fairly and morale remains intact during the transition.