RULES AND LEGISLATION ON ENTREPRENEURSHIP.pptx

Rukles and guidelines on legislation in entrepreurship

1. RULES AND LEGISLATION ON ENTREPRENEURSHIP ERLITA L. GARCIA PORAC NATIONAL HIGH SCHOOL

2. All businesses, regardless of type, must comply with statutes and regulations. These statutes and regulations can come from all levels of government; federal, state, and local.

3. APPLICATION OF LEGISLATION 1. Product/Service Specific The very nature of some businesses makes them susceptible to special laws and regulations. Most states require professions that require specific licensing such as medicine, law, architecture, accountancy, and engineering to go through several additional steps before receiving approval to do corporate or other forms of business

4. 2. Land Use Regulation Regardless of the type of business or its location—in a home, manufacturing plant, strip mall, or high rise office building—the uses to which land may be lawfully put are matters that should be of great concern to an entrepreneur. Virtually every incorporated city, town, village, and county have adopted zoning regulations that permit only certain business activities in certain zones.

5. 3.Building and Fire Codes Often when applying for a local license, a business is subjected to inspection by the fire department and building code officials.

6. 4. TAXATION The phrase “in the course of trade or business” means the regular conduct or pursuit of a commercial or an economic activity, including transactions incidental thereto, by any person regardless of whether or not the person engaged therein is a nonstock , nonprofit private organization (irrespective of the disposition of its net income and whether or not it sells exclusively to members or their guests), or government entity ( Section 105, NIRC ).

7. Employees and workers who are earning purely from compensation income are not subjected to business taxes. However, employees who are earning mixed income (income from compensation and from business or practice of profession can be subjected to business taxes i.e., VAT or percentage tax.

8. What are the types of business taxes in the Philippines? Value Added Tax (VAT) is a business tax imposed and collected from the seller in the course of trade or business on every sale of properties (real or personal) lease of goods or properties (real or personal) or vendors of services. It is an indirect tax, thus, it can be passed on to the buyer

9. PERCENTAGE TAX Percentage Tax is a business tax imposed on persons or entities who sell or lease goods, properties or services in the course of trade or business whose gross annual sales or receipts do not exceed P1,500,000 and are not VAT-registered.

10. EXCISE TAX Excise taxes apply to goods manufactured or produced in the Philippines for domestic sales or consumption or for any other disposition and to things imported. The excise tax imposed shall be in addition to the value-added tax

11. PERSONAL INCOME TAX Is a tax on person’s income, profits arising from property, practice of profession, conduct of trade or business or on the pertinent items of gross income specified in the tax code of 1997 as amended, less the deduction and/or personal or additional exemption.

12. L ist of business laws in the Philippines that entrepreneurs should be aware of. 1. Tax Reform Act of 1997  (Republic Act No. 8424 )   – which amended the  National Internal Revenue Code (NIRC)  is the law that governs the national taxation in the Philippines and gives the Bureau of Internal Revenue (BIR) the power and duty to assess and collect national internal revenue taxes in the country.

13. – is the law governing local taxation in the Philippines, including the taxation on real properties. 2. The Local Government Code of the Philippines (Republic Act No. 7160)

14. Labor Code of the Philippines (Presidential Decree No. 442) – is the law that governs employment practices and labor relations in the Philippines

15. Intellectual Property Code of the Philippines (R.A. 8293) – is the law that governs the registration of patents, trademarks and copyright, and the enforcement of intellectual property rights in the Philippines.

16.   The Corporation Code of the Philippines  (B.P. 68) – is the law that governs the registration and regulation of corporations in the Philippines

17. Industries (Development and Regulation) Act, 1951(IDRA) The most important being the  Industries  ( Development and Regulation )  Act ,  1951 (IDRA) which was enacted in pursuance of the  Industrial  Policy Resolution, 1948. The  Act  was formulated for the purpose of  development and regulation   of industries  in India by the Central Government

18. Industry Development Council The Industry Development Council (IDC) is the primary coordinating mechanism on all policies, programs and initiatives of the Philippine government in partnership with the private sector in pursuit of developing the Philippine industrial sector.

19. The Factories Act 1948  was an  Act of Parliament  passed in the  United Kingdom  by the Labour government of  Clement Attlee . It was passed with the intention of safeguarding the health of workers. It extended the age limits for the medical examination of persons entering factory employment, while also including male workers in the regulations for providing seats and issuing extensive new building regulations. [1]

20. Under the legislation, young persons under the age of eighteen became subject to medical examination not only on entry to the place of work, but annually thereafter. Certificates of fitness were also made a requirement for young people employed in the loading, unloading and  coaling of ships  and other kinds of work in ships on harbour or wet dock, engineering construction and building operations as well as for factory employees

21. THE INDUSTRIAL EMPLOYMENT (Standing Orders) Act, 1946 This Act is to require employers in industrial establishments to formally define conditions of employment under them and submit draft standing orders to certifying Authority for its Certification. It applies to every industrial establishment wherein 100 (reduced to 50 by the Central Government in respect of the establishments for which it is the Appropriate Government) or more workmen are employed.

22. SUSPENSION OF EMPLOYEE         Suspension, also called lay off, is among the step taken in employee discipline, as punishment for some major offenses. Suspension may be for a certain period ranging from one to several days. During the suspension period, the principle of “no work, no pay” applies, and thus the employee concerned does not receive his wage for each and every day he is suspended

23.  What are the different kinds of suspension?     Suspension may be imposed either as a penalty for an offense committed, or as a measure to prevent any investigation from being prejudiced. The latter is more commonly known as “preventive suspension.”

24. My employees are misbehaving. As an employer, how will I enforce discipline in the workplace?    In case of misbehaving employees, employers may initiate disciplinary proceedings against the concerned employee. It must be noted that actions on employee discipline, as well as imposition of penalties such as suspension, or even dismissal from employment, is among the management’s prerogatives

25.  What is “management prerogative,” and how does it relate to employee discipline? Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer and recall of employees, and even those involving enforcement of disciplinary sanctions upon erring employees such as suspension of workers and/or dismissal from employment

26.  What are the penalties that an employer may impose upon an erring employee?  There are a variety of penalties that an employer may impose upon an erring employee as a consequence of his misbehavior or misdeed, from mere warnings, admonition, censure, to suspension, demotion, and even termination from employment. The employer may impose any of such penalties as he may deem fit, provided that the gravity of the penalty to be imposed should be commensurate to the offense committed by the concerned employee, and that it should be imposed only upon compliance with the requirements of due process

27. WORK STOPPAGE A  work stoppage  refers to the temporary cessation of  work  as a form of protest and can be initiated by either  employees  or company management. When initiated by employees ,  work stoppages  refer to a single  employee  or group of  employees ceasing   work  purposefully as a means of protest.

28. TERMINATION OF EMPLOYMENT Termination  is when an  employee's job  ends. ... Voluntary  termination  includes resignation or retirement.  Employment termination  can also be involuntary - when an  employee  is  terminated  by the employer.  Employees  can be  terminated  for cause. In that case, an  employee  is fired or dismissed from their  job

29. Shop and Establishment Act India One of the important regulation to which most businesses in India are subject to is the Shop and Establishment Act, enacted by every state in India. The Act is designed to regulate payment of wages, hours of work, leave, holidays, terms of service and other work conditions of people employed in shop and commercial establishments. In this article we look at the salient features of the Shop and Establishment Act

30. The Environmental Protection Act 1990 ( initialism : EPA) is an  Act  of the  Parliament of the United Kingdom  that as of 2008defines, within  England and Wales  and  Scotland , the fundamental structure and authority for  waste management  and control of  emissions  into the  environment .

31. any process or  substance  and set limits on it in respect of emissions into the environment.   scheme of identification and compulsory remedial action for  contaminated land . a class of  statutory   nuisances  over which the local authority can demand remedial action supported by criminal penalties defines a set of criminal offences concerning  litter defines a regime of statutory notification and  risk assessment  for  genetically modified organisms  (GMOs).  The Act was intended to strengthen pollution controls and support enforcement with heavier penalties. 

32. Industrial Disputes Act 1947  The  Industrial Disputes Act 1947  extends to the whole of  India  and regulates  Indian labour law  so far as that concerns trade unions as well as Individual workman employed in any Industry within the territory of Indian mainland. It came into force April 1, 1947

33. The objective of the Industrial Disputes Act is to secure industrial peace and harmony by providing machinery and procedure for the investigation and settlement of  industrial disputes  by conciliation, arbitration and adjudication machinery which is provided under the statute. The main and ultimate objective of this act is "Maintenance of Peaceful work culture in the Industry in India" which is clearly provided under the Statement of Objects & Reasons of the statute

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