I hope you can help me with the ff:
a.) A US-based employer whose services and products are being conducted "home-based" in the Philippines by filipino citizens is subject to the Labor Code?
NOte: Said owner is in the process of registration in the Philippines and is considered since December as "Pre-Operating". Currently, the pre-operating company has an office where the former home-based "employees" are reporting to since start of January.
IF said company, located in the US is subject to the Philippine Labor Code:
b.) Prior the registration of, and classification of the company as a "pre-operating" company were all income derived from the execution of services by the filipino citizens subject to tax?
c.) Can "employees", terminated before the registration or incorporation (whilst home-based) file a labour case against the company under the ff premises:
c.a.) Terminated due to non-performance (before and during registration and incorporation of said company?(whilst home-based);
c.b) Terminated due to "inappropriate behavior" e.g. degrading use of language referring to a woman's private parts and women in general in public. (IN the office during Pre-Ops)
Thank you for finding time to read my post.
Have a good evening!