Labor Laws
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Sample Gender Based Sexual Harassment (Safe Spaces) Policy
₱2,450.00This template is in accordance with the provisions of Republic Act No. 11313, otherwise known as “An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor”.
This expresses the company’s aim to afford employees the opportunity to work in an environment free of gender-based sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against gender-based sexual harassment in the workplace.
This also enunciates the company’s thrust to value the dignity of every human person and guarantee full respect for human rights, recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men; that both men and women must have equality, security and safety in workplaces.
Gender-Based Sexual Harassment in the Workplace. The crime of gender-based sexual harassment in the workplace includes the following:
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- An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
- A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
- A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
- Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
The softcopy template is written in Word document using MS Office 365 version, Verdana font, 12 font size, containing 9 pages of 8.5”x11” layout MS 360.
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy gender-based sexual harassment in the workplace
- Nature of gender-based sexual harassment in the workplace
- Relevant Definition
- Duties of the Company
- Duties of Employees and Co-Workers
- Information Campaign Against Gender-Based Sexual Harassment In The Workplace
- Procedures On Cases Involving Gender-Based Sexual Harassment In The Workplace
- Overview Of The Complaint Procedure
- Committee Composition
- Retaliation
- Written Policy
- Committee Rules In The Settlement And Disposition Of Cases Involving Gender-Based Sexual Harassment In The Workplace
- Filing Of Complaint
- Notice To Respondent And Reply
- Hearing Or Conference
- Notice Of Decision
- Appeals
- Confidentiality
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Sample Notice of Redundancy & Dole Report
₱2,850.00Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.
This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.
This template consists of Notice of Redundancy to employee concerned and the guide on how to fill out the DOLE report form based on the redundancy decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Redundancy to serve as guide for the user and not the DOLE form itself.
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The DOLE form is not for sale by the DOLE. It is free on its website at Dole.gov.ph. If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.
By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.
Essentially, redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise. Redundancy could be the result of a number of factors, such as the overhiring of workers, a decrease in the volume of business, or the dropping of a particular line or service previously manufactured or undertaken by the enterprise.
In this relation, jurisprudence explains that the characterization of an employee’s services as redundant, and therefore, properly terminable, is an exercise of management prerogative, considering that an employer has no legal obligation to keep more employees than are necessary for the operation of its business.
Nevertheless, case law qualifies that the exercise of such prerogative “must not be in violation of the law, and must not be arbitrary or malicious.” Thus, following Article 298 of the Labor Code, the law requires the employer to prove, inter alia, its good faith in abolishing the redundant positions, and further, the existence of fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished.
To exhibit its good faith and that there was a fair and reasonable criteria in ascertaining redundant positions, a company claiming to be over manned must produce adequate proof of the same” where required by the situation.Thus, the Court has ruled that it is not enough for a company to merely declare that it has become overmanned. Rather, it must produce adequate proof of such redundancy to justify the dismissal of the affected employees, such as but not limited to the new staffing pattern, feasibility studies/proposal, on the viability of the newly created positions, job description and the approval by the management of the restructuring.
As Article 298 states, “in case of termination due to xxx redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher.”
When redundancy would involve an employee holding a position where other employees are discharging similar functions, the employer has to establish criteria to use to determine who among them should be included in the redundancy. It bears noting that in redundancy, a position is being removed thus, all holders of such position are terminated.
In using this product, the company or employer has just to ensure that its situation is similar. The basic allegations should be satisfied such as there is superfluity in the functions. Also, when an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise.
Hence, this product assumes a situation where the employer wants to prevent further losses
1. Sample Notice of Redundancy, containing:
a. Allegation of termination due to excess position
b. Review of the functions and alignment due to the financial situation of the company, decrease in the volume of business,
c. a reorganization has been proposed where positions doing identical functions at certain aspects of their job descriptions.
d. Crucial dates
e. Directive to undergo clearance procedure
f. Allegation of payment of separation pay upon completion of clearance2. Guide in Filling Out the DOLE Report
3. Sample filled out DOLE reportclose
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Sample Affidavit of Cohabitation
₱1,200.00The Affidavit of Cohabitation is required for male employees who would be availing of the paternity leave under R.A. 8187, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
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Conditions for entitlement of paternity leave benefits are:
- he is employed at the time of delivery of his child;
- he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
- his wife has given birth, suffers a miscarriage or an abortion.
As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. This template for Affidavit uses fictional name for purposes of illustration only. It contains the name, nationality, residence, and basic allegations.
It is important to state the place of cohabitation, the name of spouse, proof of valid marriage (marriage contract), validating proof of place of cohabitation (barangay captain’s certification), declaration of provision of support as spouses, and purpose of the Affidavit.
While it seems obvious, it should be properly signed and notarized.
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Sample Termination of probationary employment
₱1,750.00The template provided will assist employers / companies in properly and validly executing the termination of probationary employees. (Note: There is a sample Notice of Termination for Failure to Qualify / of Probationary Employee below this guide)
Termination of probationary employment is a technical matter under the Philippine law. There are specific rules applicable only to probationary employees which if confused with all others may cause issues to the employer or the company.
Under Art. 296 of the Labor Code, as amended, a probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
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Section 6 (d) of the Implementing Rules of Book VI, Rule I of the Labor Code provides that there is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement.
In the case of Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee.
Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify.
Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc.
Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose
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Sample Paternity Leave Notifcation Form
₱1,695.00The Paternity Notifcation form is required to be provided by the company for male employees who intend to avail of the paternity leave benefits under R.A. 8187. Every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
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Conditions for entitlement of paternity leave benefits are:
a. he is employed at the time of delivery of his child;
b. he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
c. his wife has given birth, suffers a miscarriage or an abortion.As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. LVS has a template for Affidavit which may be accessed through its website.
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Fixed-Term Employment to Relieve an Ailing Employee
₱1,495.00This contract should be used sparingly. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule.
This means that when there is doubt as to propriety on the use of this agreement, it shall be resolved by labor authorities in favor of employees. For instance, as between the claim that the employee is fixed-term and regular, the labor tribunal will most likely rule that the employee is regular if there is doubt in the terms used in the agreement.
The sample template here minimizes if not eliminates doubts since this was crafted in accordance with the legal requirements.
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Our jurisprudence had likewise settled the legitimacy of fixed-term employment. In the landmark case of Brent School, Inc. v. Zamora (260 Phil. 747, 756-757, 763-764 (1990).) the Supreme Court held that regular employment rules have no application to fixed-term employment. The latter is a relationship where a fixed period of employment was agreed upon knowingly and voluntarily by the parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter.
The Court laid down the following indicators under which fixed-term employment could not be construed as a circumvention of the law on security of tenure: (a) The fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or
(b) It satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no moral dominance exercised by the former or the latter. (OKS Designtech, Inc. vs. Caccam, G.R. No. 211263, August 05, 2015).
Thus, following the above rules, the fixed-term agreement is best for instances where the regular employee has gone on maternity leave. This indicates the replacement as temporary in nature since after the maternity the employee returns to work. The company cannot afford to have two regular employees for the same post. This is the reason why fixed-term contract is the best to use here. It also applies to similar circumstances where temporary assumption of duties of a regular position is necessary. It is much safer not to extend if the term has arrived since this form of contract should strictly follow the rules.
The template here is designed having in mind a regular employee who takes a medical leave due to illness. Since the post is regular or plantilla, the replacement cannot become regular since when the employee on leave returns there cannot be two holders for the same position. That is not the intention of the employer.
Hence, the best contract to use is the Fixed Term since this does not confer regular status as long as the parties have complied with the requisites for valid Fixed Term employment.
In the template, the following are indicated:
1. Parties to the agreement;
2. Whereas clauses;a. Term
b. Duration
c. Voluntariness3. Commencement Clause
4. Just and Authorized cause for dismissal or termination
5. Place of posting
6. Duties and responsibilities
7. Compensation and benefits
8. Consent under Data Privacy Law
9. Signature
10. Acknowledgmentclose
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Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
₱545.00Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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Contract for Probationary Employment Monthly Paid English Version
₱1,595.00CONTRACT FOR PROBATIONARY EMPLOYMENT FOR MONTHLY PAID EMPLOYEE
SOFT COPY DESCRIPTION
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Extension Clause
- Termination of Employment
- Place of Posting
- Full Time Service
- Prohibits Moonlighting
- Prohibits Sideline, etc.
- Duties and responsibilities clause
- Reasonable Standards Metrics
- Performance
- Punctuality/Attendance
- Behavior
- Teamwork
- Initiative
- Periodic Evaluation
- Passing Clause
- Reasonable Standards Metrics
- Compensation and Benefits
- Specifically indicating the factor used and the deemed payment of Saturday and Regular Holidays
- Office Decorum
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Tuberculosis Prevention and Control Policy
₱1,245.00This template is in accordance with the provisions of Executive Order No. 187 “Instituting a Comprehensive and Unified Policy for Tuberculosis Control in the Philippines (CUP),” and Department Order No. 73-05, Series of 2005 of the Department of Labor and Employment, the company hereby adopts the policies and programs on the prevention and control of tuberculosis in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford a work environment that is compliant with occupational health and safety regulations, conducive to productive work and employee development in compliance with DOLE requirements.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Sample Anti Sexual Harassment Policy
₱1,198.00This template is in accordance with the provisions of Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by XYZ CORPORATION to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford employees the opportunity to work in an environment free of sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against sexual harassment in the workplace.
Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.Read more..
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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HIV / AIDS Prevention and Control Policy
₱1,249.00This template is in accordance with the provisions of Republic Act No. 8504, otherwise known as “Philippine AIDS Prevention and Control Act of 1998,” D.O. 102-10 or the rules implementing RA 8504, ILO Code of Practice, and the company hereby adopts the following policy on full protection of human rights and civil liberties of persons suspected or known to be infected with HIV/AIDS.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to provide a safe, respectful and discrimination-free work environment to employees and company stakeholders, to uphold human dignity, human rights and civil liberties. The company is committed to afford full protection to persons suspected or know to be infected with HIV/AIDS.
To this end, the company, through a collaborative efforts with its employees, adopts the policy for HIV/AIDS cases.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template shows sample provisions on:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Hepatitis B Prevention and Control Policy
₱1,195.00This template is in accordance with the with the provisions of Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Authority to Deduct / Withhold (Filipino)
₱1,250.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company crafted in Filipino / Tagalog.
This is written in MS Word document, editable, provided the user’s device and program are compatible in such platform. This will be sent to the buyer via email upon completion of purchase.
This is the best document to use for employees who are not conversant of the English language and who are more familiar with the Filipino / Tagalog.
This document pertains to the admission of employee of his liability which may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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Authority to Withhold and Deduct
₱1,150.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company.
The liability may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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Release, Waiver & Quitclaim Terminated Standard
₱1,045.00I, MS. ANNE DERSTUD, of legal age, Filipino, and a resident of BLND45, Kopi St., Villamor Airbase, Brgy 183 Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state, that:
- On June 17, 20___ I was validly TERMINATED for just cause on account of my violations of the law, company rules, policies, and procedure;
- For and in consideration of the receipt of the amount of FIFTY THOUSAND PESOS (PhP50,000.00), as my final pay, which is a full and complete settlement of all salaries and employment benefits which includes but is not limited to last salary due, monetized Service Incentive Leave (SIL), 13th month pay, and other benefits;
- I acknowledge the receipt of the abovementioned sum representing full satisfaction of all emoluments and compensation that I may be entitled to under the law, contract, or company policy for the service I have rendered for the Company;
- I acknowledge the validity of my dismissal/termination from service. I do hereby release, remiss and forever discharge XYZ Corporation, Savrasa Werpa and the companies’ officers, directors employees, managers, agents, and representatives, from any and all liabilities, damages, claims which may now or in the future arise as a result of my work with the company.
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- If found hereinafter that there would be any other sums that I am entitled to, prior to this, or in the future, that the amount I mentioned above which I herein duly received, shall constitute as full and final settlement for such;
- I hereby voluntarily, freely and unconditionally declare that I have no further claims or right of action, whether past, present, future or contingent, of whatever nature and hereby waive any and all claims and causes of actions or judgments of any tribunal I may have in my favor of or against the Company its officers, directors, representatives, agents and assigns including but not limited to, matter of DISMISSAL, for lack of cause of action, arising from my employment and the cessation thereof;
- I will institute no action, whether civil, criminal, labor or administrative against the company its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against the company, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s) and that the same shall be dismissed;
- I execute this Release, Waiver & Quitclaim voluntarily and freely, without any force, duress, improper pressure, or intimidation from anyone and with full understanding of the contents hereof duly explained to me in language that I understand.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day of July 20___ in the City of Makati.
- ANNE DERSTUD
SSS ID: 12345
TIN: 6789
Signed in the Presence of:
_____________________ _________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
BEFORE ME, a notary public for and in the City of _______________________________, personally appeared the above and presented to me her competent evidence of identity shown above and affirmed to me that this Release, Waiver & Quitclaim, consisting of two (2) pages, including this page where acknowledgment is written, is his own, free, voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto affixed my seal and signature this ______ day of July 20___ in the City of ______________________.
Doc. No.: ______________;
Page No.: ______________;
Book No.: ______________;
Series of 20___
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Rating Tabulation for Probationary Employee
₱1,950.00This product provides the tabulation for the metrics for probationary employee. LVS has a template for probationary contract.
The rule on probationary employment is that the employee becomes regular by operation of law after six (6) months of probationary employment. Now, the employer is expected to rate the employee at such frequency necessary.
The ideal is monthly rating. However, to balance administrative feasibility, it may be recommended that frequency be at least three times prior to 5th month of probation. For instance, after 2 months, after 3 months, and after 5 months of probationary status.
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The rating clause in the probationary template provides, as follows:
- In the performance of duties, the PROBATIONARY EMPLOYEE shall be evaluated to determine fitness for the position as a regular worker. The following standards of weight shall be used to ascertain whether she would qualify as a regular employee:
- Performance 30%
- Punctuality/Attendance 20%
- Behavior 20%
- Teamwork 20%
- Initiative 10%
- The total weight is 100%. If the PROBATIONARY EMPLOYEE receives a total weight below 85% it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify;
- Performance metrics representing 30% of the total weight shall be based on the following:
- Business knowledge 20%
- Output/production 50%
- Resourcefulness 20%
- Teamwork 10%
- Punctuality/attendance shall be 20% subject to deduction of 3% for every instance of tardiness and 4% for every instance of absence. Absence due to medical reason shall be supported with notarized medical certificate and for other reasons a sworn statement of the fact of absence and affidavits of disinterested persons. Failure to produce said documents and records within two (2) days from absence shall be deemed unauthorized absence;
- Behavior shall be 20% subject to deduction for every citation or violation of company rules, to wit:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
- The PROBATIONARY EMPLOYEE is expected to be a team player and work in coordination with other employees. A teamwork rating shall be made by immediate superior based on the result of the latter’s interview or assessment of the feedback of other employees or team members, as the case may be;
- The rating for Initiative shall be given by the immediate superior based on how the PROBATIONARY EMPLOYEE acts on tasks on his/her own without any express direction by the superior bearing in mind the goals and objectives of the company.
To rate such employee, it is easier if there is already a table showing the rating weights so the rater can just fill out the numbers and calculate the total score.
This product supplies the template for the table based on the above rating weights which can be very helpful to arrive at the decision whether to regularize the probationary employee or terminate the services.
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Mandatory Vaccination Policy for Onsite Workers (English Version)
₱1,450.00 -
Compensation Boss: 13th Month Pay Calculator Employees Version
₱59.00Product Description (in English) – Compensation Boss
13th Month Pay Calculator; See Product Description in Filipino / Tagalog belowThis product is intended for employees as users giving them opportunity to have a hassle-free way to approximately compute their 13th month pay.
This features a file saved in Excel Microsoft 365, Version 16.54. User has to have such specification or its equivalent. The file offers quick way to determine 13th month pay by simply inputting the basic salary earned per payroll (“kinsenas at katapusan”).
Results are computed automatically. Bonus sheets include redundancy separation pay calculator for both daily paid and monthly paid employees.
Retrenchment pay calculator, retirement pay calculator, and the service incentive leave (SIL) pay calculator. At an introductory price of just PhP59.00, this will be a big help to workers who need to have an immediate answer to their approximate 13th month pay benefits.
Product Description (in Filipino / Tagalog)
Ang produktong ito ay dinisenyo para sa mga empleyado upang mabigyan sila ng pagkakataon na magkaroon ng mabilis at epektibong paraan upang alamin ang halaga ng kanilang makukuhang 13th Month Pay na benepisyo.
Ang produktong ito ay naka-save sa file na Excel Microsoft 365, Version 16.54. Ang bibili at gagamit nito ay dapat mayroong nasabing specification, application, o programa sa kanyang kompyuter o katumbas nito. Ang nasabing file ay nagbibigay nang mabilis na paraan upang alamin ang 13th Month Pay na makukuha sa pamamagitan lamang ng pag-encode o pag type ng halaga ng basic salary na kinita kada sahod (“kinsenas at katapusan”).
Ang resultang makukuha ay kaagad na kinakalkula. May bonus sheets na kasama para sa pag-kompyut ng separation pay para sa mga empleyadong arawan ang sahod at buwanan.
Mayroon ding Retrenchment pay calculator, retirement pay calculator, at service incentive leave (SIL) pay calculator. Ang introductory price na PhP59.00 ay malaking tulong para sa mga manggagawa na kailangan magkaroon ng mabilisang sagot sa halaga ng 13th month pay benefits na makukuha.
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Sample Notice of Retrenchment & Dole Report Editable Templates
₱1,895.00Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.
This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.
This template consists of Notice of Retrenchment to employee concerned and the guide on how to fill out the DOLE report form based on the retrenchment decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Retrenchment to serve as guide for the user and not the DOLE form itself.
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The DOLE form is not for sale by the DOLE. It is free on its website at http://ncr.dole.gov.ph/default.php?retsamlakygee=23&resource=617a4046ef07a0d9851942247a994cf9. If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.
Retrenchment is resorted to when the company/employer wants to reduce the number of employees due to certain business conditions. Under the law, the employer may terminate the employment of any employee due to retrenchment to prevent losses by serving a written notice on the workers and the Department of Labor and Employment (DOLE) at least one (1) month before the intended date thereof.
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Release and Waiver Retirement Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay as a result of retirement and executed this along with it. Extraordinary situations include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.
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Release, Waiver and Quitclaim Resigned Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay and executed this along with it. Ordinary situations
include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.Scroll down for more information
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Non-APOR Driver / Fetcher Certification Soft Copy
₱485.00This is a suggested soft copy template saved in Word File and editable in Word Document involving the Philippine National Police (PNP) declaration to require non-APOR fetchers / drivers of the APOR individuals to present a certification before the checkpoint personnel, among other requirements.
As a background, on July 29, 2021 the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution No. 130-A, Series of 2021 placing the NCR under Enhanced Community Quarantine (ECQ) for the period August 6-20, 2021.
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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Employee Handbook – Soft Copy Template
₱2,500.00This product is a soft copy template providing sample provisions, policies, and statements usually found in the company’s Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose the handbook for days on end, and make it easier for you, your team, and company to draft your own Employee Handbook with suggested provisions and statements.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Code of Conduct – Soft Copy Editable Template
₱2,450.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft your Code of Conduct.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Employee Handbook and Code of Conduct – Soft Copy Editable Template
₱4,500.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct and provisions in Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own version for days on end, and make it easier for you, your team, and company to draft your own policies.
This product combines two of the best-selling soft copy and editable English language templates of LVS Rich Publishing: 1) The Employee Handbook Template and 2) The Code of Conduct Template.
While these are part of another best-selling soft copy product, HR Forms 2 Editable Templates, they cater to those who only want to focus on having an idea on the drafting of their company handbook and code of conduct. The combined templates give the buyers the discounted price compared to when purchasing them individually.
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Affidavit of Employee Consent for COVID-19 Vaccination – Soft Copy Editable Template
₱988.00This product is a soft copy template providing sample disciplinary allegations to make this kind of affidavit.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft this Affidavit.
Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer.
The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them.
The State is further mandated under Article XIII, Section 11 of the Constitution to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost.
Republic Act No. 3720, or the “Food, Drug and Cosmetic Act,” as amended by Executive Order No. 175, s. 1987, and Republic Act No. 9711, or the “Food and Drug Administration Act of 2009,” created the Food and Drug Administration (FDA) to establish and maintain a drug regulatory system to ensure the purity, safety, efficacy and quality of drugs and vaccines in the country.
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Section 21 of Republic Act No. 3720, as amended, provides that any new drug should have an authorization from the FDA based on an application containing full reports of investigations to show whether or not such drug is safe, efficacious and of good quality for use based on clinical studies, prior to manufacture, sale, importation, exportation, distribution or transfer thereof.
Pursuant to Proclamation Nos. 922 (s. 2020) and 1021 (s.2020), the Philippines was declared under a State of Public Health Emergency, and a State of Calamity due to the COVID-19 pandemic.
Subsequently, Republic Act No. 11494 or the “Bayanihan to Recover as One Act” was enacted authorizing the President to suppress the COVID-19 pandemic through the procurement of drugs and vaccines.
The President of the Republic of the Philippines issued Executive Order (EO) No. 121 entitled “Granting Authority to the Director General of the Food and Drug Administration to Issue Emergency Use Authorization (EUA) for COVID-19 Drugs and Vaccines, Prescribing Conditions therefore and for other Purposes.” Said issuance gave authority to the Director General to issue an EUA, and established the conditions under which said authorization may be issued.
The FDA introduced the process for the issuance of EUA to sustain and strengthen the national preparedness for the COVID-19 public health emergency. The principles of regulatory reliance and recognition are adopted to accelerate the evaluation and approval process for EUA to ensure immediate access to drug products and vaccines for COVID-19.
Since there are no laws, rules, or regulations requiring employees to undergo vaccination, the employer does not have clear legal basis to prosecute employees who may refuse to get the jab.
At any rate, the employer can obtain the consent of the employee where the latter executes a document consenting to the vaccine, accepting its risks and benefits, as well as waiver of the Data Privacy Law.
The template in this product is in Affidavit Format, written in Word 360 and is editable. Below are the contents of the Affidavit containing declarations, acknowledgment and undertaking of the employee in giving consent to the vaccination:
- Last Name, First Name, Middle Initial
- Date of Birth
- Gender
- Address
- Phone Number
- Name of Provider
- Statement of legal age
- Statement of consent
- Clause stating understanding that the vaccination is voluntary and that the employee is not required to receive this vaccine or to receive this vaccine as a condition of employment
- Acknowledge that it is not possible to predict all possible side effects or complications associated with receiving the vaccine.
- Understanding that the employer is not making any representations or warranties regarding the vaccine and its general safety
- The employee has been provided with and has read the Emergency Use Authorization (“EUA”)
- Statement that the employee was given the opportunity to ask questions about the vaccine, including but not limited to the risks and benefits of the vaccine, and all of questions have been answered to satisfaction.
- Statement that the employee read and understood the benefits and risks of vaccination, and he voluntarily assumes full responsibility for any reactions that may result from receiving the vaccine
- Understanding that the employee may be asked to remain in the vaccination administration area for 15 to 30 minutes after the vaccine is administered to be monitored for potential adverse reactions, and agree to report any complaints that I may have to the provider while there.
- After leaving the facility, understanding that if the employee experiences any side effects, he should either call his physician or go to the nearest emergency department
- Statement of understanding that in order for the vaccine to be effective, he must receive two doses
- Statement that the employee has been provided an appointment date to receive the second dose, and understand that it is solely his responsibility to return for this second dose at the scheduled time
- Acknowledgment that employee’s failure to appear for the scheduled appointment will compromise the effectiveness of the vaccination
- Authorization to the employee to use and disclose any and all information related to my priority to receive, and actual receipt of the COVID-19 vaccine, including outreach for scheduling, the date of appointments, whether the employee appears for the appointments and any information he discloses or reports to the employer relating to the experience with the vaccine, including side effects or the development of COVID-19 symptoms within the employer, including, without limitation, Human Resources, and Occupational Health and Safety Committee
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Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
₱1,685.00This product is a soft copy template providing sample allegations, statements, provision, and clauses usually found in this type of document.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose this for days on end, and make it easier for you, your team, and company to draft your own version.
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Template Probationary Contract Filipino/Tagalog Version – Soft Copy Editable Template
₱1,725.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See below to view the Contents of this soft copy template.
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Contract for Project Employment – Filipino/Tagalog – Soft Copy Editable Template
₱1,648.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
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Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of project / Simula ng Kontrata para sa pansamantalang Trabaho
- About the Project or Ang Proyekto (duration, nature, fact that the project was explained)
- Duties and responsibilities clause / Mga tungkulin
- Completion clause (Phase or entire project) / Pagtatapos ng proyekto
- Automatic termination upon completion
- Salary / Wage and benefits / Mga benepisyo
- Project bonus (not mandatory under the law but is an indicator of project employment) or Completion Bonus
- Voluntary signing clause / Kusang-loob sa pagpirma
- Data privacy consent clause / Pagsang-ayon sa ilalim ng Data Privacy
- Pagsang-ayon ng pagreport sa DOLE pag natapos ang proyekto
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Probationary Employment Evaluation Packet Super 5™ – Soft Copy Editable Template
₱2,795.00How to Evaluate Probationary Employees Using the
Probationary Employment Evaluation Packet Super 5This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contracts described and the forms included.
See the Description below to view the Contents of this soft copy template.
One of the challenging aspects of monitoring the performance of a probationary employee is the establishment of performance ratings, metrics, or measures.
It is a settled rule that a probationary employee who was not apprised of the reasonable standards of performance to become regular employee is deemed regular from day one.
The same effect occurs for employees who have been with the company for at least six months and have not undergone performance evaluation. No matter how low did the probationary employee perform if the employer did not rate him with reasonable standards terminating the worker for failure to qualify is extremely risky.Read more..
Thus, when dealing with probationary employees, the company should have:
- Reasonable standards
- Made known such standards at the time of engagement
- Performance measures
- Periodic evaluation
- Clear rating plan, form, and template
With the right tools, the life of the employer would be bearable and the risk minimized to manageable level.
It is indeed a nerve-wracking exercise to devise the reasonable standards from scratch. However, this is made easy by the new products of LVS Rich Publishing known as the Probationary Employment Evaluation Packet Super 5.
This new soft copy product provides the proposed standards required for probationary to perform to qualify as regular employee. There are metrics with ratings and weights. There is a sample evaluation form where the employee rates himself and his superior then an average of the two ratings is obtained.
The rating system covers Performance, Punctuality/Attendance, Behavior, Teamwork, and Initiative. The total weight is 100%. If the probationary receives an average weight below 75% in one month, it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify. Of course the buyer of this product can change the weight and rates according to what is considered applicable and necessary.
Performance metrics representing 30% of the total weight is based on Business Knowledge, Output/Production, Resourcefulness, and Teamwork.
Punctuality/attendance is one of the tricky areas to measure. The template though considers this as already 100% of its weight. It is given 20% weight subject to deduction of 3% for every instance of tardiness and 4% for every instance of unauthorized absence.Behavior is another matter of the same level of difficulty. To rate this, it is already pegged at 20% subject to deduction for every citation or violation of company rules, such as:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
As to Performance metrics, sample rating spread can be seen in the Performance Review Template Excel File under the “Performance Weights” Sheet.
The rating system provides the following:
Outstanding Performance (OP) – Highest performance rating Reserved for individuals who continually achieve outstanding results and utilize their abilities in making contributions beyond their primary areas of responsibility.
Commendable Performance (CP) – Performance is above the expected level for the position making contributions beyond expectations in completion of assignments.
Effective Performance (EP) – Performance consistently meets supervisory expectations of the position requirements in making a valuable contribution to the overall objectives of the Group.
Marginal Performance (MP) – Performance does not consistently meet normal expectations and position requirements, improvement is required.
Unacceptable Performance (UP) – Performance fails to meet normal expectations and position requirements. Termination should be considered unless improvement is demonstrated in a short period of time.The buyer can Print Sheet 1 of the Performance Review Template Excel File entitled “Proby Metrics” Sheet as form in Performance Review where ratings shall be filled in. This will be used to tally the evaluation results based on performance metrics.
The Evaluation Packet comes with the Evaluation Guidelines file in Word document that will guide the user on how the evaluate the probationary employee using this product.
To further make this exercise easy, a sample evaluation of probationary employee is provided just to give the user a complete picture of how it will be done.
Upon purchase, the following files will be sent to the buyer’s email account from LVS’ Gmail Account:
- Contract of Probationary Employment for Daily Paid Employee (in Word document file)
- Description of the Contract of Probationary Employment for Daily Paid Employee (in Word document file)
- Evaluation Guidelines – Template (in Word document file)
- Performance Review Template (in Excel File)
- Sample Probationary Evaluation Template (in Word document file)
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Release, Waiver and Quitclaim of Deceased Employee by Sole Heir – Soft Copy Editable Template
₱895.00DESCRIPTION OF RELEASE, WAIVER AND QUITCLAIM OF SOLE HEIR FOR THE DECEASED EMPLOYEE WHO IS RETIRABLE
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This template applies to cases where the employee who is entitled to retirement has resigned but died prior to claiming the retirement benefit. The one claiming the benefit is the child (son in this template).
Further, the company advanced certain expenses in the hospital for the deceased employee.
The claimant is a sole heir. Meaning he is alone and there are no other heirs requiring the Extrajudicial Settlement of Estate. Likewise, he has executed an Affidavit of Sole Heir.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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Release, Waiver and Quitclaim Third Party Shot Dead – Soft Copy Editable Template
₱1,595.00DESCRIPTION OF RELEASE, WAIVER & QUITCLAIM FOR NON-EMPLOYEE WHO WAS SHOT DEAD
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This form contemplates a situation where there are claimants against the company for the alleged death caused by its security contractor who shot dead the individual or third-party individual. There are other situations where death may be caused to third party.
The challenge always is how to craft a document that will legally improve the protection of the company against any lawsuit if it intends to extend a helping hand to the relatives of spouse of the deceased.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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Data Privacy Consent Undertaking with SPA for HMO – Soft Copy Editable Template
₱495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This is another template from LVS which makes employer’s or business owner’s life a lot easy. This is editable in Word document as it was written using the Word 365 software.
Data privacy law is probably one of the hallmark legislations in the country protecting the personal information of individuals transacting with any entity.
The Data Privacy Act of 2012 (DPA) declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
It is a practice for some companies to provide the health coverage for its employees in the form of a health card provider or Health Maintenance Organization (HMO). As a matter of procedure, employees would undergo medical checkup, operation, diagnosis, etc. and the results are made available only to the employees involved.
In certain cases, the HMO and/or medical facility/entity would refuse to provide the company or employer a copy of the results as the same may violate the DPA. The medical information may form part of the protected personal information or sensitive personal information.
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As defined by law, “personal information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Further, “sensitive personal information ” refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.
As a rule, the processing of sensitive personal information and privileged information is prohibited. There are exceptions under the law, to wit:
(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing;
(b) The processing of the same is provided for by existing laws and regulations: Provided, That such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information: Provided, further, That the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;
(c) The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
While it appears that in an employer-employee relationship, the information obtained from the employee is in relation to such employment, there is a need to have a clear consent to process the information on the part of the employer. Hence, if the information is shared by the employee with the medical facility and the results are generated, the employer can be authorized by the employee to have such copy.
This should be in the form of an express consent since an individual’s health is a sensitive personal information under the law which can only be processed if there is an express consent by the data subject.
Thus, the sample template will be very helpful where the employee gives consent for the company to process the sensitive personal information obtained by the health provider in an HMO setting.
This form is better used with the document proving authority of the company to its duly authorized representative to obtain said information and all other records in relation thereto.
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Triple Bundle Labor HR Editable Templates – Soft Copy Editable Template
₱14,000.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This is a time-limited offer involving three (3) best-selling product templates of LVS Rich Publishing Inc.
These are the soft copies of HR Forms 1, HR Forms 2 and HR Forms 3, containing a combined total of more than 370 forms ranging from pre-employment to post-employment. HR Forms 3 has tagalog/Filipino templates of contracts, notices, and some sample policies.
They will be sent to your email account from LVS’ designated gmail account. The package contains a list of forms and the templates, which are editable in Word file or format.
The forms are updated to the current labor laws, rules and regulations.
The buyer will have an easier time to compose the needed document to administer any HR function or resolve important labor situation using the relevant form, notice, or contract.
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Sample Contract for Part-Time Employment (English Version) – Soft Copy Editable Template
₱1,495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A part-time employee is one who is engaged to perform services for a shorter period of time than those considered as normal in the establishment. This type of employee may undergo probationary period. The probation period of a part-time employee shall be equivalent to the hours it takes a full-time employee to complete a six- month probationary period.
Thus, a part-time employee can be a regular employee also. Acquiring a regular status is not dictated by the amount of time per day one has to render service.
An employee can acquire regular status when the term of his contract shows that he is engaged in a regular or permanent status; when the term of his employment indicates that he is employed for an indefinite period; when he continues to perform work or services even after the expiration of the probationary period, and when he performs work or services usually necessary or desirable in the usual business or trade of the employer.
One’s regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job. (Perpetual Help Credit Cooperative vs. Faburada, G.R. No. 121948. October 8, 2001)
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Now, in crafting the contract for part-time employment, the employer should bear in mind the following:
- The employment is for part-time employment only
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
- Office Decorum
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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Sample Casual Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
Casual employment is one of the exceptions to the regular employment provisions under Article 295 of the Labor Code, as amended.
The Labor Code states that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue to exist.
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For casual employment to exist, the position occupied by the employee should not be usually necessary or desirable in the usual trade or business of the employer.
What is “usually necessary and desirable?” It is a position without which an employer cannot pursue his operation or business.
For instance, in a software development company that sells applications and development services, a computer programmer position is usually necessary and desirable. Without the programmer, the company cannot come up with the product to sell to the market.
But in an insurance firm, computer programmer may not be necessary since the company can still sell insurance products without the programmer. Hence, the programmer in this case may be hired on project employment basis only.
Now, in crafting the contract for casual employment, the employer should bear in mind the following:
- The employment shall not be usually necessary and desirable in the usual trade or business of the employer
- The employment is limited in scope with respect to the activity in which he is employed
- The employment shall not exceed one year. If it does, the employee is considered regular with respect to such activity.
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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Contract For Regular Employment Monthly Paid (English Version) – Soft Copy Editable Template
₱1,845.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A regular employee is one who passed the probationary period, has been in the company for at least six months, or was engaged as such without undergoing probationary period.
The legal basis of regular employment is mainly Article 295 of the Labor Code, as amended.
Article 295 provides that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This means that even if there is a written agreement that the employee is not of regular status, he is still considered regular if has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This template is for monthly paid employees. As opposed to daily paid, monthly paid employees
Monthly-paid employees are those who are paid every day of the month, including unworked rest days, special days, and regular holidays. Factor 365 days in a year is used in determining the equivalent monthly salary of monthly-paid employees. (I, D, DOLE 2020 Handbook Workers’ Statutory Monetary Benefits)
Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. (Ibid.)
With the use of 365-day factor, the company should make sure that employees engaged are not below the minimum. The 365 day factor is used to determine the daily rate of the monthly paid employee. For instance, if an employee earns PhP20,000.00 per month, the daily equivalent using the 365 factor is as follows:
PhP20,000 per month x 12 months = PhP240,000
PhP240,000 per year / 365 days per year = PhP657.53 per day
Hence, the daily equivalent of the monthly pay of PhP20,000 is PhP657.53.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Termination of Employment (Just and Authorized Causes)
- Place of Posting
- Duties and responsibilities clause
- Performance Appraisal
• Reasonable Standards Metrics
– Performance
– Punctuality/Attendance
– Behavior
– Teamwork
– Initiative - Compensation and Benefits
- Office Decorum
- Confidentiality
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Valid Job Contracting & Sub-Contracting Second Edition PDF
₱2,195.00About the PDF Version
This PDF copy is a helpful version for mobile readers and those who prefer to use electronic devices in reading materials over printed copies.
Although this copy is not a kindle-type of format that can be flipped in the same way as the print books. It is the usual PDF that can be scrolled down and up using the device functionalities.
However, this is easier since it can be carried around as a file instead of lugging the more than 600-page copy. Readers can use the find function of their devices to locate topics, words, cases, or item related to job contracting.
It is not the exact copy of the printed version as there were adjustments made to the layout and the inclusion of subsequent items or matters since this was released ahead of the print copy. However, the contents of both versions are substantially the same.
This shall be delivered to the buyer through email and not through USB.
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About the Book – PDF
The subject matter of job contracting and subcontracting is a tricky territory for companies, business owners, and managers. Understanding the technical sides of it are usually left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the use of the word “treacherous” to describe it may be strong, it is justified by the fact that engaging in contracting is very technical and companies may get penalized for lapses in compliance with requirements. A single mistake, regardless of intentions, of the parties can be catastrophic.
Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors, the authorities suddenly found the relationship as labor-only contracting. The employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.
This work provides not just laws, rules, and regulations applicable. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18-A. Likewise, the DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others are also discussed.
R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019) are important parts of this matter. Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling into the traps of technicalities.
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How to Design and Formulate Company Code of Discipline
₱699.00Title: How to Design and Formulate Company Code of Discipline
How to Design and formulate Company Code of Discipline is another guidebook for HR Practitioners to help them establish important aspects of organization. It is needed utopian to even think that there is a company where discipline is not necessary.
Humans are wired to commit mistakes because it is a learning process and humans continue to learn. People are wired to fail and to succeed from such failure.
In discipline, the most important tool in the employer’s arsenal is its code of conduct or code of discipline which serves as guiding principle on both grounds for action and procedure. The code will be scrutinized in court once a case has been filed and presented in evidence. They must be ready for litigation and must contain provisions that are lawful, reasonable and respect the employee’s rights to security of tenure.
The objective of this work is to help employers through their HR Practitioners establish their Code of Discipline which will help them enforce discipline with confidence and assurance that their tool is attuned to the legal standards and is defensible.
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Human Resource Forms, Notices, and Contracts 3 (in Filipino/Tagalog) – Soft Copy Editable Templates
₱4,595.00This is a soft copy template saved in Word File and editable in Word Document.
Alert!: If you were able to purchase any of our soft copy products in the past please double-check that they are not part of these templates. This product is indivisible and individual soft copy templates previously purchased cannot be deducted from the price.
This product contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
HR Forms, Notices, and Contracts 3 in Filipino / Tagalog offers various employment forms in local language ranging from pre-employment, employment proper, and termination.
The current price being offered is introductory until October 31, 2021 only. Afterwards, regular price shall be PhP6,495.00.
This package contains 57 sample forms, notices, and contracts in local Filipino language. Some forms and concepts have separate primer discussion on the matter.
Below are the contents of the form.
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HUMAN RESOURCE FORMS, NOTICES, AND CONTRACTS 3 EDITABLE TEMPLATES IN FILIPINO / TAGALOG
PRELIMINARY FORMS
Form No. 1 – Job Offer in Filipino / Tagalog
Form No. 2 – Denial of Employment Application in Filipino / Tagalog
Form No. 3 – Acknowledgment of Company Policies where there was no Orientation in Filipino / Tagalog
Form No. 4 – Acknowledgment of Company Policies where there was Orientation in Filipino / Tagalog
Form No. 5 – Acknowledgment Receipt of Company Property in Filipino / Tagalog
Form No. 6 – Data Privacy Consent Document in Filipino / Tagalog
EMPLOYMENT PROPER FORMS
Form No. 7 – Contract for Fixed-Term English with Filipino / Tagalog Translation
Form No. 8 – Contract for Fixed-Term Employment in Filipino / Tagalog
Form No. 9 – Contract for Part-Time Employment in Filipino / Tagalog
Primer on Probationary Employment
Form No. 10 – Contract for Probationary Employment for Daily Paid Employee in Filipino / Tagalog
Form No. 11 – Contract for Probationary Employment for Monthly Paid Employee in Filipino / Tagalog
Explanation on Form No. 11
Form No. 12 – Contract for Probationary Employment [Simplified Version] in Filipino / Tagalog
Form No. 13 – Contract of Extension of Probationary Status
Explanation on Form No. 13
Primer on Casual Employment
Form No. 14 – Contract for Casual Employment Simplified Version-A in Filipino / Tagalog
Form No. 15 – Contract for Casual Employment Simplified Version-B in Filipino / Tagalog
Form No. 16 – Contract for Casual Employment Full-Length Version in Filipino / Tagalog
Primer on Project Employment
Form No. 17 – Contract for Project Employment in Filipino / Tagalog
Form No. 18 – Contract for Project Employment in Filipino / Tagalog
Form No. 18 – Contract for Seasonal Employment in Filipino / Tagalog
Primer on Contract for Seasonal Employment
Form No. 19 – Contract for Seasonal Employment in Filipino / Tagalog
Primer on Regular Employment
Form No. 20 – Contract for Regular Employment
Form No. 21 – Contract for Regular Employment Simplified Version in Filipino / Tagalog
Form No. 22 – Contract for Regular Employment Monthly-Paid Employee in Filipino / Tagalog
Form No. 23 – Contract for Regular Employment Monthly-Paid Employee Simplified Version in Filipino / Tagalog
Explanation on Form No. 23
Primer on Service Training Agreement
Form No. 24 – Service Training Agreement in Filipino / Tagalog
Form No. 25 – Overtime Request Form
DISCIPLINARY AND TERMINATION FORMS
Primer on ResignationForm No. 26 – Acceptance of Resignation
Discussion: Acceptance of Resignation Where the Employee has a Pending Case or is Under Administrative Investigation
Form No. 27 – Acceptance of Resignation where the Employee has a Pending Case Under Investigation
Form No. 28 – Release, Waiver and Quitclaim in Tag-Lish (Tagalog / English) Version
Form No. 29 – Release, Waiver and Quitclaim in Tagalog / Filipino
Primer on the Notice to Explain (NTE)
Form No. 30 – Notice to Explain (NTE) for Tardiness in Filipino / Tagalog
Form No. 31 – Notice of Decision for Tardiness in Filipino / Tagalog
Form No. 32 – Notice to Explain (NTE) for Repeated Tardiness in Filipino / Tagalog
Form No. 33 – Notice to Explain (NTE) for Repeated Tardiness in Filipino / Tagalog
Form No. 34 – Notice of Administrative Hearing / Conference for Repeated Tardiness in Filipino / Tagalog
Form No. 35 – Notice of Decision for Repeated Tardiness in Filipino / Tagalog
Form No. 37 – Notice to Explain (NTE) for AWOL Punishable with Warning in Filipino / Tagalog
Form No. 38 – Notice of Warning for AWOL in Filipino / Tagalog
Form No. 39 – Notice to Explain (NTE) for AWOL Punishable with Suspension in Filipino / Tagalog
Form No. 40 – Notice of Administrative Hearing / Conference for AWOL Punishable with Suspension in Filipino / Tagalog
Form No. 41 – Notice of Suspension for AWOL in Filipino / Tagalog
Form No. 42 – Notice of Suspension when the employee failed to attend the administrative conference in Filipino / Tagalog
Form No. 43 – NTE for AWOL Leading to Abandonment of Work in Filipino / Tagalog
Form No. 44 – Notice of Administrative Hearing / Conference for AWOL Leading to Abandonment of Work in Filipino / Tagalog
Explanation on Form No. 44
Form No. 45 – Notice of Dismissal for Abandonment of Work in Filipino / Tagalog
Form No. 46 – Notice to Explain Falsification of Timecard in Filipino / Tagalog
Primer on Preventive Suspension Included in the NTE
Form No. 46 – Notice to Explain Falsification of Timecard with Preventive Suspension in Filipino / Tagalog
Form No. 47 – Notice to Explain Falsification of Attendance Record in Filipino / Tagalog
Form No. 48 – Notice of Administrative Conference for Falsification in Filipino / Tagalog
Form No. 49 – Notice of Suspension for Falsification of Attendance Record in Filipino / Tagalog
Form No. 50 – Notice to Explain Fighting within Office Premises in Filipino / Tagalog
Form No. 51 – Notice of Administrative Hearing / Conference for Fighting within Office Premises in Filipino / Tagalog
Form No. 52 – Notice of Suspension for Fighting within Office Premises in Filipino / Tagalog
Form No. 53 – Notice of Decision for Fighting within Office Premises in Filipino / Tagalog
Form No. 54 – Notice to Explain for Theft with Preventive Suspension in Filipino / Tagalog
Form No. 55 – Notice of Administrative Conference in Filipino / Tagalog
Form No. 56 – Notice of Decision for Theft in Filipino / Tagalog
Form No. 57 – Code of Conduct in Filipino / Tagalog
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Contract for Probationary Employment Daily Paid Employee – Soft Copy Editable Template
₱1,595.00CONTRACT FOR PROBATIONARY EMPLOYMENT
SOFT COPY DESCRIPTION
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
1. Parties
2. Whereas Clause
3. Commencement of probationary employment
4. Extension Clause
5. Termination of Employment
6. Place of Posting
7. Duties and responsibilities clause- Reasonable Standards Metrics
i. Performance
ii. Punctuality/Attendance
iii. Behavior
iv. Teamwork
v. Initiative - Periodic Evaluation
- Passing Clause
8. Compensation and Benefits
9. Office Decorum
10. Non-compete Clause
11. Training Expenses
12. Data privacy consent clauseclose
- Reasonable Standards Metrics
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Sample Drug Free Workplace Policy – Soft Copy Editable Template
₱1,395.00Product Description of Drug-Free Workplace Policy
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, policy statements, and provisions of the policy described.
See the Description below to view the Contents of this soft copy template.
This template is in accordance with the provisions of Section 47, Article V, Republic Act No. 9165, “The Comprehensive Dangerous Drugs Act of 2002”, and the Department Order No. 53-03, “Guidelines for the Implementation of a Drug-Free Workplace Policies and Programs for the Private Sector” issued by the Department of Labor and Employment (DOLE).
This expresses the company’s adoption of the policy on prevention of drug abuse in the workplace and the procedures of resolution and disposition of such cases.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 6 pages of 8.5”x13” layout.
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In compliance with the DOLE issuance, this template provides the following:
1. Statement of Legal Compliance
2. Declaration of Corporate Policy
3. Definition of Terms
a. Employee
b. Assessment Team
c. Screening Test
4. Implementing Guidelines
5. Involvement of Critical Departments in the Implementation
6. Education and Awareness Program
7. Random Drug Testing
8. Implementation and Evaluation
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Sample Project Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00CONTRACT FOR PROJECT EMPLOYMENT
SOFT COPY DESCRIPTIONThis is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
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Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
1. Parties
2. Whereas Clause
3. Commencement of project
4. Scope and duration
5. Duties and responsibilities clause
6. Completion clause (Phase or entire project)
7. Automatic termination upon completion
8. Salary / Wage and benefits
9. Project bonus (not mandatory under the law but is an indicator of project employment)
10. Voluntary signing clause
11. Data privacy consent clause
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Sample Code of Conduct (in Filipino / Tagalog Version) – Soft Copy Editable Template
₱3,895.00This product captures the disciplinary process, procedure, and policies that companies usually need in an easy to edit format. The soft copy template is written in Word document making it editable in similar platform in Filipino / Tagalog.
The Code of Conduct template contains 21 pages, in 8.5” x 11” page layout, portrait orientation, using Courier New font, size 11.
It contains statement of disciplinary policy, disciplinary process and standards, Definition of Terms, and the list of offenses and their penalties.
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The following are the offenses contained in the template:MGA ALITUNTUNIN AT PATAKARAN SA PAGDIDISIPLINA
I. Mga Kahulugan ng Terminolohiya:
Written Warning
Stern Warning
Reprimand
Suspension
Dismissal
Preventive Suspension
First Offense
Second Offense
Third Offense
Fourth Offense
Opisina o kompanya
II. DISCIPLINARY POLICY (MGA POLISIYA SA DISIPLINA)
III. PAMAMARAAN SA PAGPATAW NG DISIPLINA (DISCIPLINARY PROCEDURE)
IV. MGA PAGLABAG AT KAPARUSAHAN (OFFENSES AND THEIR PENALTY)
a. KALINISAN AT KAAYUSAN SA LUGAR NG TRABAHO (HOUSEKEEPING AND SANITATION)
b. ORAS NG PAGPASOK SA TRABAHO (ATTENDANCE)
c. MGA HINDI AWTORISADONG PAGLIBAN SA TRABAHO (UNAUTHORIZED ABSENCES)
d. PAGPASOK SA TAMANG ORAS (PUNCTUALITY)
e. PATAKARAN TUNGKOL SA PAGSUOT NG UNIPORME (WEARING OF UNIFORM)
f. MGA PAGLABAG TUNGKOL SA ID O IDENTIFICATION CARD (OFFENSES INVOLVING IDENFICATION CARD)
g. MGA ASAL SA TRABAHO (WORK BEHAVIOR)
h. MGA PINAGBABAWAL NA GAWAIN (PROHIBITED ACTIVITIES)
i. MGA HINDI KANAIS-NAIS NA PAG-UUGALI NA TINUTURING NA SERYOSONG PAGLABAG(SERIOUS MISBEHAVIOR)
j. PAGSASABOTAHE, PANINIKTIK AT PAGLABAG SA MGA SIKRETONG PANG NEGOSYO NG KOMPANYA
k. PAGLABAG SA MGA PATAKARAN UKOL SA SEGURIDAD AT KALIGTASAN
l. HINDI MAGANDANG ASAL AT PAG-UUGALI (DISORDERLY CONDUCT)
m. PAGSIRA NG TIWALA (BETRAYAL OF TRUST)
n. KAPABAYAAN SA TRABAHO O NEGLECT OF DUTY
o. SEXUAL HARASSMENT
p. PAULIT-ULIT NA MGA PAGLABAG NG MGA PATAKARAN (HABITUAL VIOLATIONS)
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Sample Gender Based Sexual Harassment (Safe Spaces) Policy
₱2,450.00This template is in accordance with the provisions of Republic Act No. 11313, otherwise known as “An Act Defining Gender-Based Sexual Harassment in Streets, Public Spaces, Online, Workplaces, and Educational or Training Institutions, Providing Protective Measures and Prescribing Penalties Therefor”.
This expresses the company’s aim to afford employees the opportunity to work in an environment free of gender-based sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against gender-based sexual harassment in the workplace.
This also enunciates the company’s thrust to value the dignity of every human person and guarantee full respect for human rights, recognize the role of women in nation-building and ensure the fundamental equality before the law of women and men; that both men and women must have equality, security and safety in workplaces.
Gender-Based Sexual Harassment in the Workplace. The crime of gender-based sexual harassment in the workplace includes the following:
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- An act or series of acts involving any unwelcome sexual advances, requests or demand for sexual favors or any act of sexual nature, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems, that has or could have a detrimental effect on the conditions of an individual’s employment or education, job performance or opportunities;
- A conduct of sexual nature and other conduct-based on sex affecting the dignity of a person, which is unwelcome, unreasonable, and offensive to the recipient, whether done verbally, physically or through the use of technology such as text messaging or electronic mail or through any other forms of information and communication systems;
- A conduct that is unwelcome and pervasive and creates an intimidating, hostile or humiliating environment for the recipient: Provided, That the crime of gender-based sexual harassment may also be committed between peers and those committed to a superior officer by a subordinate, or to a teacher by a student, or to a trainer by a trainee; and
- Information and communication system refers to a system for generating, sending, receiving, storing or otherwise processing electronic data messages or electronic documents and includes the computer system or other similar devices by or in which data are recorded or stored and any procedure related to the recording or storage of electronic data messages or electronic documents.
The softcopy template is written in Word document using MS Office 365 version, Verdana font, 12 font size, containing 9 pages of 8.5”x11” layout MS 360.
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy gender-based sexual harassment in the workplace
- Nature of gender-based sexual harassment in the workplace
- Relevant Definition
- Duties of the Company
- Duties of Employees and Co-Workers
- Information Campaign Against Gender-Based Sexual Harassment In The Workplace
- Procedures On Cases Involving Gender-Based Sexual Harassment In The Workplace
- Overview Of The Complaint Procedure
- Committee Composition
- Retaliation
- Written Policy
- Committee Rules In The Settlement And Disposition Of Cases Involving Gender-Based Sexual Harassment In The Workplace
- Filing Of Complaint
- Notice To Respondent And Reply
- Hearing Or Conference
- Notice Of Decision
- Appeals
- Confidentiality
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Sample Notice of Redundancy & Dole Report
₱2,850.00Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.
This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.
This template consists of Notice of Redundancy to employee concerned and the guide on how to fill out the DOLE report form based on the redundancy decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Redundancy to serve as guide for the user and not the DOLE form itself.
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The DOLE form is not for sale by the DOLE. It is free on its website at Dole.gov.ph. If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.
By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.
Essentially, redundancy exists when an employee’s position is superfluous, or an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise. Redundancy could be the result of a number of factors, such as the overhiring of workers, a decrease in the volume of business, or the dropping of a particular line or service previously manufactured or undertaken by the enterprise.
In this relation, jurisprudence explains that the characterization of an employee’s services as redundant, and therefore, properly terminable, is an exercise of management prerogative, considering that an employer has no legal obligation to keep more employees than are necessary for the operation of its business.
Nevertheless, case law qualifies that the exercise of such prerogative “must not be in violation of the law, and must not be arbitrary or malicious.” Thus, following Article 298 of the Labor Code, the law requires the employer to prove, inter alia, its good faith in abolishing the redundant positions, and further, the existence of fair and reasonable criteria in ascertaining what positions are to be declared redundant and accordingly abolished.
To exhibit its good faith and that there was a fair and reasonable criteria in ascertaining redundant positions, a company claiming to be over manned must produce adequate proof of the same” where required by the situation.Thus, the Court has ruled that it is not enough for a company to merely declare that it has become overmanned. Rather, it must produce adequate proof of such redundancy to justify the dismissal of the affected employees, such as but not limited to the new staffing pattern, feasibility studies/proposal, on the viability of the newly created positions, job description and the approval by the management of the restructuring.
As Article 298 states, “in case of termination due to xxx redundancy, the worker affected thereby shall be entitled to a separation pay equivalent to at least his one (1) month pay or to at least one (1) month pay for every year of service, whichever is higher.”
When redundancy would involve an employee holding a position where other employees are discharging similar functions, the employer has to establish criteria to use to determine who among them should be included in the redundancy. It bears noting that in redundancy, a position is being removed thus, all holders of such position are terminated.
In using this product, the company or employer has just to ensure that its situation is similar. The basic allegations should be satisfied such as there is superfluity in the functions. Also, when an employee’s services are in excess of what would reasonably be demanded by the actual requirements of the enterprise.
Hence, this product assumes a situation where the employer wants to prevent further losses
1. Sample Notice of Redundancy, containing:
a. Allegation of termination due to excess position
b. Review of the functions and alignment due to the financial situation of the company, decrease in the volume of business,
c. a reorganization has been proposed where positions doing identical functions at certain aspects of their job descriptions.
d. Crucial dates
e. Directive to undergo clearance procedure
f. Allegation of payment of separation pay upon completion of clearance2. Guide in Filling Out the DOLE Report
3. Sample filled out DOLE reportclose
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Sample Affidavit of Cohabitation
₱1,200.00The Affidavit of Cohabitation is required for male employees who would be availing of the paternity leave under R.A. 8187, every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
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Conditions for entitlement of paternity leave benefits are:
- he is employed at the time of delivery of his child;
- he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
- his wife has given birth, suffers a miscarriage or an abortion.
As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. This template for Affidavit uses fictional name for purposes of illustration only. It contains the name, nationality, residence, and basic allegations.
It is important to state the place of cohabitation, the name of spouse, proof of valid marriage (marriage contract), validating proof of place of cohabitation (barangay captain’s certification), declaration of provision of support as spouses, and purpose of the Affidavit.
While it seems obvious, it should be properly signed and notarized.
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Sample Termination of probationary employment
₱1,750.00The template provided will assist employers / companies in properly and validly executing the termination of probationary employees. (Note: There is a sample Notice of Termination for Failure to Qualify / of Probationary Employee below this guide)
Termination of probationary employment is a technical matter under the Philippine law. There are specific rules applicable only to probationary employees which if confused with all others may cause issues to the employer or the company.
Under Art. 296 of the Labor Code, as amended, a probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
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Section 6 (d) of the Implementing Rules of Book VI, Rule I of the Labor Code provides that there is probationary employment where the employee, upon his engagement, is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement.
In the case of Agustin vs. Alphaland Corporation, [G.R. No. 218282, September 09, 2020] the Supreme Court (SC) held that in all cases of probationary employment, the employer shall make known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Where no standards are made known to the employee at that time, he shall be deemed a regular employee.
Hence, to safely terminate a probationary employee, there has to be a probationary employment contract where it is clearly stated that the employer / company has made known to the employee the standards under which he will qualify as a regular employee at the time of his engagement. Further, that failure on his part to meet such standards, the employment shall be terminated for failure to qualify.
Reasonable standards shall refer to those measures which the employer will use as basis for qualification. These may include standards on performance, behavior, cooperation, punctuality, etc.
Assuming that these standards are present and there are valid stipulations in the Contract for Probationary Employment, the sample Notice of Termination for Failure to Qualify (template) will serve the purpose
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Sample Paternity Leave Notifcation Form
₱1,695.00The Paternity Notifcation form is required to be provided by the company for male employees who intend to avail of the paternity leave benefits under R.A. 8187. Every married male employee in the private and public sectors shall be entitled to a paternity leave of seven (7) days with full pay for the first four (4) deliveries of the legitimate spouse with whom he is cohabiting.
In the IRR of the law, “Paternity Leave” refers to the leave credits granted to a married male employee to allow him to earn compensation for seven (7) working days without reporting for work, provided that his spouse has delivered a child or had a miscarriage or an abortion for the purpose of lending support to his wife during her period of recovery and/or the nursing of the newly born child.
“Spouse” refers to the lawful wife. For this purpose, lawful wife refers to a woman who is legally married to the male employee concerned. “Cohabiting” refers to the obligation of the husband and wife to live together.
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Conditions for entitlement of paternity leave benefits are:
a. he is employed at the time of delivery of his child;
b. he has notified his employer of the pregnancy of his wife and her expected date of delivery subject to the provisions of Section 4 hereof; and
c. his wife has given birth, suffers a miscarriage or an abortion.As soon as the married male employee learns that his spouse is pregnant, he shall inform his employer of such pregnancy and the expected date of delivery within a reasonable period of time.
The employee shall accomplish a Paternity Notification Form to be provided for by the employer and submit the same to the latter, together with a copy of his marriage contract, or where not applicable, any proof of marriage. The notification requirement shall not apply in cases of miscarriage or abortion.
Any employee who has availed of the paternity benefits shall, within a reasonable period of time, submit a copy of the birth certificate of the newly born child, death or medical certificate in case of miscarriage or abortion, duly signed by the attending physician or midwife showing actual date of childbirth, miscarriage or abortion, as the case may be.
The paternity benefits may be enjoyed by the qualified employee before, during or after the delivery by his wife. The total number of days shall not exceed seven (7) working days for each delivery. This benefit shall be availed of not later than sixty (60) days after the date of said delivery.
The best proof of cohabitation is the affidavit. LVS has a template for Affidavit which may be accessed through its website.
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Fixed-Term Employment to Relieve an Ailing Employee
₱1,495.00This contract should be used sparingly. Fixed-term employment agreement is a highly specialized form since it lies more on the exception than the rule.
This means that when there is doubt as to propriety on the use of this agreement, it shall be resolved by labor authorities in favor of employees. For instance, as between the claim that the employee is fixed-term and regular, the labor tribunal will most likely rule that the employee is regular if there is doubt in the terms used in the agreement.
The sample template here minimizes if not eliminates doubts since this was crafted in accordance with the legal requirements.
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Our jurisprudence had likewise settled the legitimacy of fixed-term employment. In the landmark case of Brent School, Inc. v. Zamora (260 Phil. 747, 756-757, 763-764 (1990).) the Supreme Court held that regular employment rules have no application to fixed-term employment. The latter is a relationship where a fixed period of employment was agreed upon knowingly and voluntarily by the parties, without any force, duress or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent, or where it satisfactorily appears that the employer and employee dealt with each other on more or less equal terms with no moral dominance whatever being exercised by the former over the latter.
The Court laid down the following indicators under which fixed-term employment could not be construed as a circumvention of the law on security of tenure: (a) The fixed period of employment was knowingly and voluntarily agreed upon by the parties without any force, duress, or improper pressure being brought to bear upon the employee and absent any other circumstances vitiating his consent; or
(b) It satisfactorily appears that the employer and the employee dealt with each other on more or less equal terms with no moral dominance exercised by the former or the latter. (OKS Designtech, Inc. vs. Caccam, G.R. No. 211263, August 05, 2015).
Thus, following the above rules, the fixed-term agreement is best for instances where the regular employee has gone on maternity leave. This indicates the replacement as temporary in nature since after the maternity the employee returns to work. The company cannot afford to have two regular employees for the same post. This is the reason why fixed-term contract is the best to use here. It also applies to similar circumstances where temporary assumption of duties of a regular position is necessary. It is much safer not to extend if the term has arrived since this form of contract should strictly follow the rules.
The template here is designed having in mind a regular employee who takes a medical leave due to illness. Since the post is regular or plantilla, the replacement cannot become regular since when the employee on leave returns there cannot be two holders for the same position. That is not the intention of the employer.
Hence, the best contract to use is the Fixed Term since this does not confer regular status as long as the parties have complied with the requisites for valid Fixed Term employment.
In the template, the following are indicated:
1. Parties to the agreement;
2. Whereas clauses;a. Term
b. Duration
c. Voluntariness3. Commencement Clause
4. Just and Authorized cause for dismissal or termination
5. Place of posting
6. Duties and responsibilities
7. Compensation and benefits
8. Consent under Data Privacy Law
9. Signature
10. Acknowledgmentclose
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Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
₱545.00Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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Contract for Probationary Employment Monthly Paid English Version
₱1,595.00CONTRACT FOR PROBATIONARY EMPLOYMENT FOR MONTHLY PAID EMPLOYEE
SOFT COPY DESCRIPTION
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Extension Clause
- Termination of Employment
- Place of Posting
- Full Time Service
- Prohibits Moonlighting
- Prohibits Sideline, etc.
- Duties and responsibilities clause
- Reasonable Standards Metrics
- Performance
- Punctuality/Attendance
- Behavior
- Teamwork
- Initiative
- Periodic Evaluation
- Passing Clause
- Reasonable Standards Metrics
- Compensation and Benefits
- Specifically indicating the factor used and the deemed payment of Saturday and Regular Holidays
- Office Decorum
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Tuberculosis Prevention and Control Policy
₱1,245.00This template is in accordance with the provisions of Executive Order No. 187 “Instituting a Comprehensive and Unified Policy for Tuberculosis Control in the Philippines (CUP),” and Department Order No. 73-05, Series of 2005 of the Department of Labor and Employment, the company hereby adopts the policies and programs on the prevention and control of tuberculosis in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford a work environment that is compliant with occupational health and safety regulations, conducive to productive work and employee development in compliance with DOLE requirements.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Sample Anti Sexual Harassment Policy
₱1,198.00This template is in accordance with the provisions of Republic Act No. 7877, otherwise known as “An Act Declaring Sexual Harassment Unlawful in the Employment, Education or Training Environment, and For Other Purposes, the following policies and procedure are hereby issued by XYZ CORPORATION to prevent sexual harassment in its workplace and to provide the procedure for the resolution, settlement and/or disposition of sexual harassment cases.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to afford employees the opportunity to work in an environment free of sexual harassment. This template is intended to provide companies or employers the reference to comply with Department of Labor and Employment’s (DOLE) requirement for companies to setup the policy against sexual harassment in the workplace.
Sexual harassment is a form of misconduct that undermines the employment relationship. No employee, either male or female, should be subjected verbally or physically to unsolicited and unwelcome sexual overtures or conduct.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.Read more..
In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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HIV / AIDS Prevention and Control Policy
₱1,249.00This template is in accordance with the provisions of Republic Act No. 8504, otherwise known as “Philippine AIDS Prevention and Control Act of 1998,” D.O. 102-10 or the rules implementing RA 8504, ILO Code of Practice, and the company hereby adopts the following policy on full protection of human rights and civil liberties of persons suspected or known to be infected with HIV/AIDS.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s aim to provide a safe, respectful and discrimination-free work environment to employees and company stakeholders, to uphold human dignity, human rights and civil liberties. The company is committed to afford full protection to persons suspected or know to be infected with HIV/AIDS.
To this end, the company, through a collaborative efforts with its employees, adopts the policy for HIV/AIDS cases.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template shows sample provisions on:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Hepatitis B Prevention and Control Policy
₱1,195.00This template is in accordance with the with the provisions of Department Advisory No. 5, Series of 2010 of the Department of Labor and Employment mandating the institution of policies and programs on the prevention and control of Hepatitis B in the workplace.
Reminder!!! Buyer of any of the HR Bundle Products should CHECK if this product is already part of the HR bundle before proceeding to buy. Thank you!
This expresses the company’s adoption of the policies and programs on the prevention and control of Hepatitis B in the workplace.
The softcopy template is written in Word document using MS Office 365 version, Arial font, 12 font size, containing 4 pages of 8.5”x11” layout.
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In compliance with the DOLE issuance, this template provides the following:
- Statement of Legal Compliance
- Declaration of Corporate Policy on Hepatitis B Prevention and Control
- Purpose
- Implementing Structure
- Coverage
- Guidelines
– Preventive Strategies - Recording, Reporting and Setting Up of Database
- Social Policy
– Non-Discriminatory Policy and Practices - Work Accommodation Arrangement
- Roles and Responsibilities of Workers
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Authority to Deduct / Withhold (Filipino)
₱1,250.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company crafted in Filipino / Tagalog.
This is written in MS Word document, editable, provided the user’s device and program are compatible in such platform. This will be sent to the buyer via email upon completion of purchase.
This is the best document to use for employees who are not conversant of the English language and who are more familiar with the Filipino / Tagalog.
This document pertains to the admission of employee of his liability which may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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Authority to Withhold and Deduct
₱1,150.00This template is a document intended to facilitate the crafting of an Authority to Withhold and Deduct from the pay or benefits of the employee who has liability from the company.
The liability may come from loan, damages, advances, or any unaccounted sum, etc.
The company is guided by the important provisions such as acknowledgment of liability. The user has to fill out the nature of liability (e.g., loan, damages, advances, unaccounted, sum, etc.).
The document may be notarized as well. The lack of notarization will not affect the validity. However, the notarization of this instrument adds weight to the declaration of the employee and admission of liability, in case of dispute in the future.
Hence, whether or not to have the document notarized, is an option of the company depending on its policy governing the weight of the documents executed by employees.
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This template provides:
- Name of employee
- Personal circumstances (Filipino, age, address, etc.)
- Acknowledgment of liability or indebtedness
- Undertaking to pay at a certain period
- No prior demand clause
- Authority to withhold and subsequently to deduct
- Valid and binding stipulation
- Non-liability clause
- Release of the company and its officers
- Voluntary execution of the document
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Release, Waiver & Quitclaim Terminated Standard
₱1,045.00I, MS. ANNE DERSTUD, of legal age, Filipino, and a resident of BLND45, Kopi St., Villamor Airbase, Brgy 183 Pasay City, after having been duly sworn to in accordance with law, do hereby depose and state, that:
- On June 17, 20___ I was validly TERMINATED for just cause on account of my violations of the law, company rules, policies, and procedure;
- For and in consideration of the receipt of the amount of FIFTY THOUSAND PESOS (PhP50,000.00), as my final pay, which is a full and complete settlement of all salaries and employment benefits which includes but is not limited to last salary due, monetized Service Incentive Leave (SIL), 13th month pay, and other benefits;
- I acknowledge the receipt of the abovementioned sum representing full satisfaction of all emoluments and compensation that I may be entitled to under the law, contract, or company policy for the service I have rendered for the Company;
- I acknowledge the validity of my dismissal/termination from service. I do hereby release, remiss and forever discharge XYZ Corporation, Savrasa Werpa and the companies’ officers, directors employees, managers, agents, and representatives, from any and all liabilities, damages, claims which may now or in the future arise as a result of my work with the company.
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- If found hereinafter that there would be any other sums that I am entitled to, prior to this, or in the future, that the amount I mentioned above which I herein duly received, shall constitute as full and final settlement for such;
- I hereby voluntarily, freely and unconditionally declare that I have no further claims or right of action, whether past, present, future or contingent, of whatever nature and hereby waive any and all claims and causes of actions or judgments of any tribunal I may have in my favor of or against the Company its officers, directors, representatives, agents and assigns including but not limited to, matter of DISMISSAL, for lack of cause of action, arising from my employment and the cessation thereof;
- I will institute no action, whether civil, criminal, labor or administrative against the company its directors, officers, employees, agents and clients. Any and all actions which I may have commenced either solely in my name or jointly with others before any office, board, bureau, court, or tribunal against the company, its directors, officers, employees, agents and clients are hereby deemed and considered voluntary withdrawn by me and I will no longer testify or continue to prosecute said action(s) and that the same shall be dismissed;
- I execute this Release, Waiver & Quitclaim voluntarily and freely, without any force, duress, improper pressure, or intimidation from anyone and with full understanding of the contents hereof duly explained to me in language that I understand.
IN WITNESS WHEREOF, I have hereunto affixed my signature this 22nd day of July 20___ in the City of Makati.
- ANNE DERSTUD
SSS ID: 12345
TIN: 6789
Signed in the Presence of:
_____________________ _________________________
ACKNOWLEDGMENT
REPUBLIC OF THE PHILIPPINES )
CITY OF _________________ ) S.S.
BEFORE ME, a notary public for and in the City of _______________________________, personally appeared the above and presented to me her competent evidence of identity shown above and affirmed to me that this Release, Waiver & Quitclaim, consisting of two (2) pages, including this page where acknowledgment is written, is his own, free, voluntary act and deed.
IN WITNESS WHEREOF, I have hereunto affixed my seal and signature this ______ day of July 20___ in the City of ______________________.
Doc. No.: ______________;
Page No.: ______________;
Book No.: ______________;
Series of 20___
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Rating Tabulation for Probationary Employee
₱1,950.00This product provides the tabulation for the metrics for probationary employee. LVS has a template for probationary contract.
The rule on probationary employment is that the employee becomes regular by operation of law after six (6) months of probationary employment. Now, the employer is expected to rate the employee at such frequency necessary.
The ideal is monthly rating. However, to balance administrative feasibility, it may be recommended that frequency be at least three times prior to 5th month of probation. For instance, after 2 months, after 3 months, and after 5 months of probationary status.
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The rating clause in the probationary template provides, as follows:
- In the performance of duties, the PROBATIONARY EMPLOYEE shall be evaluated to determine fitness for the position as a regular worker. The following standards of weight shall be used to ascertain whether she would qualify as a regular employee:
- Performance 30%
- Punctuality/Attendance 20%
- Behavior 20%
- Teamwork 20%
- Initiative 10%
- The total weight is 100%. If the PROBATIONARY EMPLOYEE receives a total weight below 85% it shall be deemed as failure to meet the standards which may be ground for dismissal based on failure to qualify;
- Performance metrics representing 30% of the total weight shall be based on the following:
- Business knowledge 20%
- Output/production 50%
- Resourcefulness 20%
- Teamwork 10%
- Punctuality/attendance shall be 20% subject to deduction of 3% for every instance of tardiness and 4% for every instance of absence. Absence due to medical reason shall be supported with notarized medical certificate and for other reasons a sworn statement of the fact of absence and affidavits of disinterested persons. Failure to produce said documents and records within two (2) days from absence shall be deemed unauthorized absence;
- Behavior shall be 20% subject to deduction for every citation or violation of company rules, to wit:
- Written warning – less 2%
- Stern warning – less 5%
- Written reprimand – less 6%
- 1-day Suspension – less 7%
- Longer suspension – less 10%
- The PROBATIONARY EMPLOYEE is expected to be a team player and work in coordination with other employees. A teamwork rating shall be made by immediate superior based on the result of the latter’s interview or assessment of the feedback of other employees or team members, as the case may be;
- The rating for Initiative shall be given by the immediate superior based on how the PROBATIONARY EMPLOYEE acts on tasks on his/her own without any express direction by the superior bearing in mind the goals and objectives of the company.
To rate such employee, it is easier if there is already a table showing the rating weights so the rater can just fill out the numbers and calculate the total score.
This product supplies the template for the table based on the above rating weights which can be very helpful to arrive at the decision whether to regularize the probationary employee or terminate the services.
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Mandatory Vaccination Policy for Onsite Workers (English Version)
₱1,450.00 -
Compensation Boss: 13th Month Pay Calculator Employees Version
₱59.00Product Description (in English) – Compensation Boss
13th Month Pay Calculator; See Product Description in Filipino / Tagalog belowThis product is intended for employees as users giving them opportunity to have a hassle-free way to approximately compute their 13th month pay.
This features a file saved in Excel Microsoft 365, Version 16.54. User has to have such specification or its equivalent. The file offers quick way to determine 13th month pay by simply inputting the basic salary earned per payroll (“kinsenas at katapusan”).
Results are computed automatically. Bonus sheets include redundancy separation pay calculator for both daily paid and monthly paid employees.
Retrenchment pay calculator, retirement pay calculator, and the service incentive leave (SIL) pay calculator. At an introductory price of just PhP59.00, this will be a big help to workers who need to have an immediate answer to their approximate 13th month pay benefits.
Product Description (in Filipino / Tagalog)
Ang produktong ito ay dinisenyo para sa mga empleyado upang mabigyan sila ng pagkakataon na magkaroon ng mabilis at epektibong paraan upang alamin ang halaga ng kanilang makukuhang 13th Month Pay na benepisyo.
Ang produktong ito ay naka-save sa file na Excel Microsoft 365, Version 16.54. Ang bibili at gagamit nito ay dapat mayroong nasabing specification, application, o programa sa kanyang kompyuter o katumbas nito. Ang nasabing file ay nagbibigay nang mabilis na paraan upang alamin ang 13th Month Pay na makukuha sa pamamagitan lamang ng pag-encode o pag type ng halaga ng basic salary na kinita kada sahod (“kinsenas at katapusan”).
Ang resultang makukuha ay kaagad na kinakalkula. May bonus sheets na kasama para sa pag-kompyut ng separation pay para sa mga empleyadong arawan ang sahod at buwanan.
Mayroon ding Retrenchment pay calculator, retirement pay calculator, at service incentive leave (SIL) pay calculator. Ang introductory price na PhP59.00 ay malaking tulong para sa mga manggagawa na kailangan magkaroon ng mabilisang sagot sa halaga ng 13th month pay benefits na makukuha.
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Sample Notice of Retrenchment & Dole Report Editable Templates
₱1,895.00Terminating and employee is a tricky and dangerous decision on the part of the employer considering the risk of being sued in labor courts. While there is no guarantee that an employer cannot be hailed to court, the employer can ensure strong defense through the use of correct forms and observance of valid procedure.
This product will help companies and employers make a valid decision to exercise the prerogative to terminate where the situation warrants. The headache of composing the notice from scratch is minimized with the use of these templates as a guide.
This template consists of Notice of Retrenchment to employee concerned and the guide on how to fill out the DOLE report form based on the retrenchment decision. The sample filled out DOLE Report is provided here as reference only. What is being sold here is the idea on how to fill out the form, the sample contents based on the Notice of Retrenchment to serve as guide for the user and not the DOLE form itself.
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The DOLE form is not for sale by the DOLE. It is free on its website at http://ncr.dole.gov.ph/default.php?retsamlakygee=23&resource=617a4046ef07a0d9851942247a994cf9. If you are just after the DOLE Establishment Report form, then do not buy this product and just download the form from the DOLE website. This is the DOLE RKS Form 5 2020 Version.By the time you purchased this there could already be another version. Hence, just follow this sample DOLE report as a guide whenever there is already a new DOLE report form.
Retrenchment is resorted to when the company/employer wants to reduce the number of employees due to certain business conditions. Under the law, the employer may terminate the employment of any employee due to retrenchment to prevent losses by serving a written notice on the workers and the Department of Labor and Employment (DOLE) at least one (1) month before the intended date thereof.
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Release and Waiver Retirement Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay as a result of retirement and executed this along with it. Extraordinary situations include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.
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Release, Waiver and Quitclaim Resigned Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay and executed this along with it. Ordinary situations
include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.Scroll down for more information
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Non-APOR Driver / Fetcher Certification Soft Copy
₱485.00This is a suggested soft copy template saved in Word File and editable in Word Document involving the Philippine National Police (PNP) declaration to require non-APOR fetchers / drivers of the APOR individuals to present a certification before the checkpoint personnel, among other requirements.
As a background, on July 29, 2021 the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution No. 130-A, Series of 2021 placing the NCR under Enhanced Community Quarantine (ECQ) for the period August 6-20, 2021.
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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Employee Handbook – Soft Copy Template
₱2,500.00This product is a soft copy template providing sample provisions, policies, and statements usually found in the company’s Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose the handbook for days on end, and make it easier for you, your team, and company to draft your own Employee Handbook with suggested provisions and statements.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Code of Conduct – Soft Copy Editable Template
₱2,450.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft your Code of Conduct.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Employee Handbook and Code of Conduct – Soft Copy Editable Template
₱4,500.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct and provisions in Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own version for days on end, and make it easier for you, your team, and company to draft your own policies.
This product combines two of the best-selling soft copy and editable English language templates of LVS Rich Publishing: 1) The Employee Handbook Template and 2) The Code of Conduct Template.
While these are part of another best-selling soft copy product, HR Forms 2 Editable Templates, they cater to those who only want to focus on having an idea on the drafting of their company handbook and code of conduct. The combined templates give the buyers the discounted price compared to when purchasing them individually.
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Affidavit of Employee Consent for COVID-19 Vaccination – Soft Copy Editable Template
₱988.00This product is a soft copy template providing sample disciplinary allegations to make this kind of affidavit.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft this Affidavit.
Employee may need to be vaccinated to ensure health and safety at work. But the lingering question is if the employees can be compelled to receive COVID-19 jabs by the employer.
The right of Filipinos to health is a constitutional right. It is enshrined under Article II, Section 15 of the 1987 Constitution that the State shall protect and promote the health of the people and instill health consciousness among them.
The State is further mandated under Article XIII, Section 11 of the Constitution to adopt an integrated and comprehensive approach to health development which shall endeavor to make essential goods, health and other social services available to all the people at affordable cost.
Republic Act No. 3720, or the “Food, Drug and Cosmetic Act,” as amended by Executive Order No. 175, s. 1987, and Republic Act No. 9711, or the “Food and Drug Administration Act of 2009,” created the Food and Drug Administration (FDA) to establish and maintain a drug regulatory system to ensure the purity, safety, efficacy and quality of drugs and vaccines in the country.
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Section 21 of Republic Act No. 3720, as amended, provides that any new drug should have an authorization from the FDA based on an application containing full reports of investigations to show whether or not such drug is safe, efficacious and of good quality for use based on clinical studies, prior to manufacture, sale, importation, exportation, distribution or transfer thereof.
Pursuant to Proclamation Nos. 922 (s. 2020) and 1021 (s.2020), the Philippines was declared under a State of Public Health Emergency, and a State of Calamity due to the COVID-19 pandemic.
Subsequently, Republic Act No. 11494 or the “Bayanihan to Recover as One Act” was enacted authorizing the President to suppress the COVID-19 pandemic through the procurement of drugs and vaccines.
The President of the Republic of the Philippines issued Executive Order (EO) No. 121 entitled “Granting Authority to the Director General of the Food and Drug Administration to Issue Emergency Use Authorization (EUA) for COVID-19 Drugs and Vaccines, Prescribing Conditions therefore and for other Purposes.” Said issuance gave authority to the Director General to issue an EUA, and established the conditions under which said authorization may be issued.
The FDA introduced the process for the issuance of EUA to sustain and strengthen the national preparedness for the COVID-19 public health emergency. The principles of regulatory reliance and recognition are adopted to accelerate the evaluation and approval process for EUA to ensure immediate access to drug products and vaccines for COVID-19.
Since there are no laws, rules, or regulations requiring employees to undergo vaccination, the employer does not have clear legal basis to prosecute employees who may refuse to get the jab.
At any rate, the employer can obtain the consent of the employee where the latter executes a document consenting to the vaccine, accepting its risks and benefits, as well as waiver of the Data Privacy Law.
The template in this product is in Affidavit Format, written in Word 360 and is editable. Below are the contents of the Affidavit containing declarations, acknowledgment and undertaking of the employee in giving consent to the vaccination:
- Last Name, First Name, Middle Initial
- Date of Birth
- Gender
- Address
- Phone Number
- Name of Provider
- Statement of legal age
- Statement of consent
- Clause stating understanding that the vaccination is voluntary and that the employee is not required to receive this vaccine or to receive this vaccine as a condition of employment
- Acknowledge that it is not possible to predict all possible side effects or complications associated with receiving the vaccine.
- Understanding that the employer is not making any representations or warranties regarding the vaccine and its general safety
- The employee has been provided with and has read the Emergency Use Authorization (“EUA”)
- Statement that the employee was given the opportunity to ask questions about the vaccine, including but not limited to the risks and benefits of the vaccine, and all of questions have been answered to satisfaction.
- Statement that the employee read and understood the benefits and risks of vaccination, and he voluntarily assumes full responsibility for any reactions that may result from receiving the vaccine
- Understanding that the employee may be asked to remain in the vaccination administration area for 15 to 30 minutes after the vaccine is administered to be monitored for potential adverse reactions, and agree to report any complaints that I may have to the provider while there.
- After leaving the facility, understanding that if the employee experiences any side effects, he should either call his physician or go to the nearest emergency department
- Statement of understanding that in order for the vaccine to be effective, he must receive two doses
- Statement that the employee has been provided an appointment date to receive the second dose, and understand that it is solely his responsibility to return for this second dose at the scheduled time
- Acknowledgment that employee’s failure to appear for the scheduled appointment will compromise the effectiveness of the vaccination
- Authorization to the employee to use and disclose any and all information related to my priority to receive, and actual receipt of the COVID-19 vaccine, including outreach for scheduling, the date of appointments, whether the employee appears for the appointments and any information he discloses or reports to the employer relating to the experience with the vaccine, including side effects or the development of COVID-19 symptoms within the employer, including, without limitation, Human Resources, and Occupational Health and Safety Committee
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Sample Fixed-Term Employment Contract in English – Soft Copy Editable Template
₱1,685.00This product is a soft copy template providing sample allegations, statements, provision, and clauses usually found in this type of document.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose this for days on end, and make it easier for you, your team, and company to draft your own version.
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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Employee Handbook and Code of Conduct – Soft Copy Editable Template
₱4,500.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct and provisions in Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own version for days on end, and make it easier for you, your team, and company to draft your own policies.
This product combines two of the best-selling soft copy and editable English language templates of LVS Rich Publishing: 1) The Employee Handbook Template and 2) The Code of Conduct Template.
While these are part of another best-selling soft copy product, HR Forms 2 Editable Templates, they cater to those who only want to focus on having an idea on the drafting of their company handbook and code of conduct. The combined templates give the buyers the discounted price compared to when purchasing them individually.
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Ring-Bound: Digest on Critical Supreme Court Decisions on Labor Cases 2016 Cases
₱745.00- Binding: Ring-bound
- Paper size: 8.5” x 13”
- Colored Front Cover with Plastic protection
- Inside: White bond paper with black text
- No. of pages: Approximately 170
- Retail Price: P745.00
ABOUT THE RING-BOUND EDITION
Digest of Critical Supreme Court Decisions on Labor Cases is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions in labor cases. The digested cases are handy in tracking the recent rulings which are crucial in policy formulation in labor and employee relations. They are critical in a sense that the changes affect the labor environment and those not in the know may bear the adverse consequences.Read more..
Labor law is like a living organism that changes as time passes by. The employer who is more cognizant of the changes can adapt effectively. The presentation is indexed for easy reference. The book provides a digest of the recent decisions of the Supreme Court in labor such as cases on Retirement, Refusal to retire, Retirement plan vs. Labor Code Redundancy, Redundancy carried out by persons belonging to related companies, Labor claims against related companies, Employment contract, Audited financial statement (AFS) and Judicial notice of losses, Rehiring of some of the retrenched employees, Rehabilitation; and Quitclaim. This Year 2016 Digest covers SC Decisions on Strike; Notice of strike; Illegal strike; Valid dismissal; Employment status deemed lost; Transfer; Promotion; Resignation; force; threat; intimidation; coercion; release; waiver; quitclaim; Res judicata; Conclusiveness of judgment; Certification election; Illegal dismissal; Job contracting; Labor-only contracting; Labor-only contractor; Presumed labor-only contractor; Fixed-term; Fixed-term employment; Independent contractor; Repeated renewal; etc.
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The Labor Code of the Philippines
₱948.00Title: The Labor Code of the Philippines
The Labor Code of the Philippines by Atty. Elvin B. Villanueva
Suggested Retail Price: P948.00
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Guide to Valid Dismissal of Employees 2nd Edition
₱785.00Title: Guide to Valid Dismissal of Employees 2nd Edition
Guide to Valid Dismissal of Employees 2014 Edition contains updated HR literature on terminal laws, rules and regulations including 2013 cases and other newly establishment doctrines and principles. The best-selling first edition of the book got even better with discussion of relevant provisions on retirement in relation to employee dismissal, rule on separation pay when dismissal is valid, preventive suspension , just causes, authorized causes, termination due to disease, bona fide suspension of operations and other related principles.
This book will prove helpful to all HR practitioners and professionals on employee or labor relations.
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Solutions on Wage Order and Minimum Wage 2nd Ed.
₱525.00Title: Solutions and Remedies on Wage Order and Minimum Wage
The book is designed as easy reference for HR Practitioners, Business Owners, Managers, and Expats who deal with Filipino labor.
Philippine law requires compliance by employers with minimum wages and benefits. It is simplistic to see this as mere implementation of labor rules. It is often more complicated than it seems.
This work guides readers on proper perspective, and practical knowledge in the tortuous highway of labor compliance. The discussion is served in no-frills platter as topics are presented in direct fashion and clear explanation.
This edition features Wage Order No. NCR-20 in the NCR. The book provides highlights on regional minimum wage, nature of wage order, wage or special group of workers (handicapped, paid by results, etc.), coverage and exemptions, CTPA, BMBE rules, wage distortion and how to correct it, salaries above minimum (creditable rule), across-the-board increases, and other interesting and important concepts.
This work can be a good tool in understanding the principles and doctrines in wage orders, irrespective of the rates applicable.
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Real Estate Exam Reviewer: Brokerage
₱678.00Title: Real Estate Exam Reviewer: Brokerage Practice
Real Estate Brokerage is an exciting field in real estate practice. It can make or break the registered practitioner insofar as career selling in real estate is concerned.
This book is aimed in that direction. That is to provide the platform for an effective review on the subject matter. It is intended to provide the much-needed information regarding brokerage practice.
Also included are discussions on capital gains tax in relation to selling, amortization factors, monthly amortization, present value computation, discounting, deferred sale, installment sale, among others.
There are basic forms used in brokerage transactions to familiarize reviewees on the practical side of the principles being discussed.
This book has single primary purpose: help aspirants prepare and pass the exam to become a licensed, registered and responsible real estate practitioner.
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Human Resource Forms, Notices and Contracts Vol. 2
₱845.00Title: Human Resource Forms, Notices & Contracts Made Easy Vol. 2
Procedures in labor law and social legislation are perilous terrain to navigate most especially to new practitioners in the field of employee relations. Reading and under-standing the provisions of law may not be enough since the actual implementation of the legal requirements will make or break any management decision.
It takes a combination of legal knowledge and experience in the field to safely execute the functions in employee relations. Thus, authors in this work discuss not only the legal principles in labor law but also share useful or practical forms to use in various situations.
By showing the forms to use, the practitioner is enlightened on the purpose and principles behind relevant labor law provisions. The risk involved in executing the management decision may be reduced once the principles and applications are put proper use.
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Tax Solutions
₱748.00Title: Tax Solutions on Employee Compensation and Benefits
Tax Solutions on Employee Compensation & Benefits is a revelation for HR practitioners and compensation and benefits practitioners when it comes to taxation on employee pay.
The book shares several practical examples on computation of the benefits, compensation and other pay given to employee. The reader is guided on the intricacies of tax concepts and principles through simple discussion and examples.
Surely, this work can be helpful a tool for HR and comp-ben practitioners in understanding employment tax concepts so employees can clearly understand how taxes impact on their pay.
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Release and Waiver Retirement Standard – Soft Copy Editable Template
₱485.00This is a soft copy product template, save in Word File and editable in Word Document containing the important provisions needed for the release of employer from liability and the waiver and quitclaim of the employee of all claims against the company.
This is called a standard version because this contemplates ordinary situation where the employee simply claims the final pay as a result of retirement and executed this along with it. Extraordinary situations include death of employee, the one claiming is not the employee, the employee is retired and hospitalized and the one claiming is a relative or family member, the employee died of gunshot, etc.
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Non-APOR Driver / Fetcher Certification Soft Copy
₱485.00This is a suggested soft copy template saved in Word File and editable in Word Document involving the Philippine National Police (PNP) declaration to require non-APOR fetchers / drivers of the APOR individuals to present a certification before the checkpoint personnel, among other requirements.
As a background, on July 29, 2021 the Inter-Agency Task Force for the Management of Emerging Infectious Diseases (IATF) issued Resolution No. 130-A, Series of 2021 placing the NCR under Enhanced Community Quarantine (ECQ) for the period August 6-20, 2021.
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Mental Health Policy and Programs Template
₱1,498.00This Template provides sample policies and programs in compliance with Republic Act No. 11036 (Mental Health Act), Department Order No. 208, Series of 2020 (Guidelines for the Implementation of Mental Health Workplace Policies and Programs for the Private Sector), and Republic Act No. 11058 (An Act Strengthening Compliance with Occupational Safety and Health Standards and Providing Penalties for Violations Thereof).
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Employee Handbook – Soft Copy Template
₱2,500.00This product is a soft copy template providing sample provisions, policies, and statements usually found in the company’s Employee Handbook.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose the handbook for days on end, and make it easier for you, your team, and company to draft your own Employee Handbook with suggested provisions and statements.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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Code of Conduct – Soft Copy Editable Template
₱2,450.00This product is a soft copy template providing sample disciplinary statements, procedures, offenses and their penalties usually found in the company’s Code of Conduct.
Save time composing and typing your own version. Save money in salaries asking employees to draft and compose your own for days on end, and make it easier for you, your team, and company to draft your Code of Conduct.
This product features one of the best-selling soft copy and editable English language templates of LVS Rich Publishing.
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The Accounting Guide for Entrepreneurs and Employees
₱695.00
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Release, Waiver and Quitclaim of Deceased Employee by Sole Heir – Soft Copy Editable Template
₱895.00DESCRIPTION OF RELEASE, WAIVER AND QUITCLAIM OF SOLE HEIR FOR THE DECEASED EMPLOYEE WHO IS RETIRABLE
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This template applies to cases where the employee who is entitled to retirement has resigned but died prior to claiming the retirement benefit. The one claiming the benefit is the child (son in this template).
Further, the company advanced certain expenses in the hospital for the deceased employee.
The claimant is a sole heir. Meaning he is alone and there are no other heirs requiring the Extrajudicial Settlement of Estate. Likewise, he has executed an Affidavit of Sole Heir.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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Release, Waiver and Quitclaim Third Party Shot Dead – Soft Copy Editable Template
₱1,595.00DESCRIPTION OF RELEASE, WAIVER & QUITCLAIM FOR NON-EMPLOYEE WHO WAS SHOT DEAD
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This form contemplates a situation where there are claimants against the company for the alleged death caused by its security contractor who shot dead the individual or third-party individual. There are other situations where death may be caused to third party.
The challenge always is how to craft a document that will legally improve the protection of the company against any lawsuit if it intends to extend a helping hand to the relatives of spouse of the deceased.
The relative and/or spouse here is the one claiming damages against the company. While the company has several defenses in this case, the company may decide to buy peace and provide financial assistance.
In doing so, the release thereof should be documented to prevent any further action from the claimant against the company or its officers. Thus, a Release, Waiver & Quitclaim may be executed by the spouse, common law partner, or any person acting in behalf of the interests of the deceased person.
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The draft template here addresses the following concerns:
- The claimant should release and remiss the company and its officers from any claim;
- The claimant clearly states the relationship to the deceased;
- The claimant does not make any statement that will incriminate or establish criminal liability against the alleged actor or any person acting for the company;
The following terms are stated:
- Claimant is of legal age,
- Residence of the claimant
- Declaration of claimant as the duly authorized representative of the family for and in behalf of the deceased person
- Name of the deceased person
- Relationship of the claimant to the deceased person such as being the common law partner / spouse, etc.
- Description of the incident without specifying any suspect or declaring liability;
- Decision of the company to release the fund due for the above deceased as well as financial assistance;
- Statement of release, remiss and forever discharge of the company, its stockholders, Directors, Officers, President, Treasurer, executives, managers, employees, representatives and any other persons working or dealing for and in behalf thereof, from any and all liabilities, damages or injuries caused to claimant and his family or may be caused, as a result of the service not having materialized, and for any other such liabilities, damages or injuries which may now or in the future arise as a result thereof;
- If found hereinafter that there would be any other consequential or resulting damage, liability or injury, whether actual, moral, exemplary or in any other form of damage, not evident as of that time, that the amount given shall constitute as full and final settlement for such damage, liability or injury;
Statement of voluntary, free and unconditional declaration that the claimant and his family have no further claims or right of action, whether past, present, future or contingent, of whatever nature - Statement of waiver of any and all claims and causes of actions or judgments of any tribunal;
- Statement not to institute any action, whether civil, criminal, labor or administrative against the company, its directors, officers, employees, agents and clients;
- Statement that any and all actions which may have been commenced are deemed and considered voluntary withdrawn by me and he will no longer testify or continue to prosecute said action(s); and
- Statement that the claimant fully understands all the statements made.
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Triple Bundle Labor HR Editable Templates – Soft Copy Editable Template
₱14,000.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This is a time-limited offer involving three (3) best-selling product templates of LVS Rich Publishing Inc.
These are the soft copies of HR Forms 1, HR Forms 2 and HR Forms 3, containing a combined total of more than 370 forms ranging from pre-employment to post-employment. HR Forms 3 has tagalog/Filipino templates of contracts, notices, and some sample policies.
They will be sent to your email account from LVS’ designated gmail account. The package contains a list of forms and the templates, which are editable in Word file or format.
The forms are updated to the current labor laws, rules and regulations.
The buyer will have an easier time to compose the needed document to administer any HR function or resolve important labor situation using the relevant form, notice, or contract.
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Sample Contract for Part-Time Employment (English Version) – Soft Copy Editable Template
₱1,495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A part-time employee is one who is engaged to perform services for a shorter period of time than those considered as normal in the establishment. This type of employee may undergo probationary period. The probation period of a part-time employee shall be equivalent to the hours it takes a full-time employee to complete a six- month probationary period.
Thus, a part-time employee can be a regular employee also. Acquiring a regular status is not dictated by the amount of time per day one has to render service.
An employee can acquire regular status when the term of his contract shows that he is engaged in a regular or permanent status; when the term of his employment indicates that he is employed for an indefinite period; when he continues to perform work or services even after the expiration of the probationary period, and when he performs work or services usually necessary or desirable in the usual business or trade of the employer.
One’s regularity of employment is not determined by the number of hours one works but by the nature and by the length of time one has been in that particular job. (Perpetual Help Credit Cooperative vs. Faburada, G.R. No. 121948. October 8, 2001)
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Now, in crafting the contract for part-time employment, the employer should bear in mind the following:
- The employment is for part-time employment only
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
- Office Decorum
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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Sample Casual Employment Contract (English Version) – Soft Copy Editable Template
₱1,495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
Casual employment is one of the exceptions to the regular employment provisions under Article 295 of the Labor Code, as amended.
The Labor Code states that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
An employment shall be deemed to be casual if it is not covered by the preceding paragraph: Provided, That any employee who has rendered at least one year of service, whether such service is continuous or broken, shall be considered a regular employee with respect to the activity in which he is employed and his employment shall continue to exist.
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For casual employment to exist, the position occupied by the employee should not be usually necessary or desirable in the usual trade or business of the employer.
What is “usually necessary and desirable?” It is a position without which an employer cannot pursue his operation or business.
For instance, in a software development company that sells applications and development services, a computer programmer position is usually necessary and desirable. Without the programmer, the company cannot come up with the product to sell to the market.
But in an insurance firm, computer programmer may not be necessary since the company can still sell insurance products without the programmer. Hence, the programmer in this case may be hired on project employment basis only.
Now, in crafting the contract for casual employment, the employer should bear in mind the following:
- The employment shall not be usually necessary and desirable in the usual trade or business of the employer
- The employment is limited in scope with respect to the activity in which he is employed
- The employment shall not exceed one year. If it does, the employee is considered regular with respect to such activity.
- The contract shall clearly indicate the date of termination or termination upon completion of activity
- Compensation and benefits
- Data privacy consent clause
- Duties and responsibilities
- Place of posting and transfer
The sample template is editable in Word 365 in 8.5’ x 13’.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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Contract For Regular Employment Monthly Paid (English Version) – Soft Copy Editable Template
₱1,845.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A regular employee is one who passed the probationary period, has been in the company for at least six months, or was engaged as such without undergoing probationary period.
The legal basis of regular employment is mainly Article 295 of the Labor Code, as amended.
Article 295 provides that the provisions of written agreement to the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This means that even if there is a written agreement that the employee is not of regular status, he is still considered regular if has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer.
This template is for monthly paid employees. As opposed to daily paid, monthly paid employees
Monthly-paid employees are those who are paid every day of the month, including unworked rest days, special days, and regular holidays. Factor 365 days in a year is used in determining the equivalent monthly salary of monthly-paid employees. (I, D, DOLE 2020 Handbook Workers’ Statutory Monetary Benefits)
Daily-paid employees are those who are paid on the days they actually worked and on unworked regular holidays. (Ibid.)
With the use of 365-day factor, the company should make sure that employees engaged are not below the minimum. The 365 day factor is used to determine the daily rate of the monthly paid employee. For instance, if an employee earns PhP20,000.00 per month, the daily equivalent using the 365 factor is as follows:
PhP20,000 per month x 12 months = PhP240,000
PhP240,000 per year / 365 days per year = PhP657.53 per day
Hence, the daily equivalent of the monthly pay of PhP20,000 is PhP657.53.
There are other helpful contract templates available that can assist employers in running their human resource matters such as the following:
- Contract for Probationary for Daily Paid Employee in English – View sample contract here
- Contract for Probationary for Monthly Paid Employee in English
- Contract for Project Employment English Version – View sample contract here
- Employment Contracts Package (English and Filipino) – View sample contracts here
- Contract for Casual Employment in English
- Contract for Casual Employment in Filipino
- Contract for Probationary Employment for Daily Paid Employee in Filipino
- Contract for Probationary Employment for Monthly Paid Employee in Filipino
- Contract for Part-Time Employment in English
- Contract for Part-Time Employment in Filipino
- Contract for Seasonal Employment in English
- Contract for Seasonal Employment in Filipino
- Contract for Regular Employment Daily Paid in Filipino
- Contract for Fixed-Term Employment in English
- Contract for Fixed-Term Employment in Filipino
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A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
- Parties
- Whereas Clause
- Commencement of probationary employment
- Termination of Employment (Just and Authorized Causes)
- Place of Posting
- Duties and responsibilities clause
- Performance Appraisal
• Reasonable Standards Metrics
– Performance
– Punctuality/Attendance
– Behavior
– Teamwork
– Initiative - Compensation and Benefits
- Office Decorum
- Confidentiality
- Non-compete Clause
- Training Expenses
- Data privacy consent clause
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Contract for Probationary Employment Daily Paid Employee – Soft Copy Editable Template
₱1,595.00CONTRACT FOR PROBATIONARY EMPLOYMENT
SOFT COPY DESCRIPTION
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
A probationary employee is one who, for a given period of time, is being observed and evaluated to determine whether or not he is qualified for permanent employment.
A probationary appointment affords the employer an opportunity to observe the skill, competence and attitude of a probationer.
The word probationary, as used to describe the period of employment, implies the purpose of the term or period (Enchanted Kingdom, Inc. vs. Verzo, G.R. No. 209559, December 09, 2015).
While the employer observes the fitness, propriety and efficiency of a probationer, to ascertain whether he is qualified for permanent employment, the probationer, at the same time, seeks to prove to the employer that he has the qualifications to meet the reasonable standards for permanent employment. (41Escorpizo v. University of Baguio, 366 Phil. 166, 175-176 (1999).)
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The concept of probationary employment was, thus, introduced for the benefit of the employer to provide him with ample time to observe and determine whether a newly hired employee has the competence, ability and values necessary to achieve his objectives.
Probationary employment shall not exceed six (6) months from the date the employee started working, unless it is covered by an apprenticeship agreement stipulating a longer period. The services of an employee who has been engaged on a probationary basis may be terminated for a just cause or when he fails to qualify as a regular employee in accordance with reasonable standards made known by the employer to the employee at the time of his engagement. An employee who is allowed to work after a probationary period shall be considered a regular employee.
Employers should be careful in crafting probationary employment since any ambiguity shall be resolved in favor of labor (Art. 4, Labor Code). Such favor means regular employment since it offers a better status of the employee.
It bears noting as well that an employee who was not informed of the reasonable standards for regular employment shall be deemed as regular from day one. Thus, it makes better sense when these standards are included in the contract.
As held in Buiser vs. Leogardo, an probationary employment may also be extended upon mutual consent of the parties. This means that instead of terminating an employee who failed the trial period he is given a chance. Now, to avoid ambiguity, the employment contract should already provide a clause for this just like what is found in this template.
A sample contract will help employers to overcome the technicalities of this form of employment. This template is easy to edit using the Word application. This version is using MS Office 365.
Salient points of this template are:
1. Parties
2. Whereas Clause
3. Commencement of probationary employment
4. Extension Clause
5. Termination of Employment
6. Place of Posting
7. Duties and responsibilities clause- Reasonable Standards Metrics
i. Performance
ii. Punctuality/Attendance
iii. Behavior
iv. Teamwork
v. Initiative - Periodic Evaluation
- Passing Clause
8. Compensation and Benefits
9. Office Decorum
10. Non-compete Clause
11. Training Expenses
12. Data privacy consent clauseclose
- Reasonable Standards Metrics
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Guide To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
₱320.00Title: Guide To Valid Dismissal Of Employees (The HR Practitioner’s Handbook)
The book by Atty. Elvin B. Villanueva provides a refreshing and analytical insight on the matter with a twist of Human Resource outlook. His works, the HR Guide Series, which includes the “Guide to Valid Dismissal of Employees” and the “Guide on Employee Compensation and Benefits,” provide a compelling lineup of various topics on labor and human resources.
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REAL ESTATE BUNDLE
₱2,000.00Purchase the Real Estate Bundle for only P2,000.00 and save P300.00.
Just add cost for shipping (shipping cost on buyer).
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HR Bundle – Print Books
₱6,861.85The HR Bundle offers excellent tools for learning about HR/Labor rules, doctrines and principles in various books written by Atty. Elvin B. Villanueva. Each book in the bundle provides unique content dealing with particular labor/HR topic.
HR Bundle comes with a 5% discount. Shipping is free.
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Self Help
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How to Pass The Bar Exams
₱325.00Title: How to Pass The Bar Exams
In this book, the author shares his story, anecdotes and events that transpired prior during and after 2009 bar exams. He details how personal life, work and other things affect the preparation for bar exams. He shares the right mental attitude that one should have to conquer this most trying exam in the country. He shares his own inventory of review materials, list of books per subject, six month review calendar, pre-week calendar and even daily/or hourly routine showing work and review schedules.
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Guide to Valid Job Contracting and Subcontracting 2nd Edition
The subject matter of job contracting and subcontracting is a trick territory for businesses their owners. Understanding the technical sides of it are left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the word “treacherous” used to describe it may be strong the association to it is justified by the fact that engaging in contracting is very technical. A single mistake, regardless of intentions, of the parties will be catastrophic.
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Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors the
authorities suddenly found the relationship a labor-only contracting. The said scores of employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.This work provides not just laws, rules, and regulations. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18- A. The DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others.
Also, R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019). Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling in the traps of technicalities.
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Valid Job Contracting & Sub-Contracting Second Edition PDF
₱2,195.00About the PDF Version
This PDF copy is a helpful version for mobile readers and those who prefer to use electronic devices in reading materials over printed copies.
Although this copy is not a kindle-type of format that can be flipped in the same way as the print books. It is the usual PDF that can be scrolled down and up using the device functionalities.
However, this is easier since it can be carried around as a file instead of lugging the more than 600-page copy. Readers can use the find function of their devices to locate topics, words, cases, or item related to job contracting.
It is not the exact copy of the printed version as there were adjustments made to the layout and the inclusion of subsequent items or matters since this was released ahead of the print copy. However, the contents of both versions are substantially the same.
This shall be delivered to the buyer through email and not through USB.
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About the Book – PDF
The subject matter of job contracting and subcontracting is a tricky territory for companies, business owners, and managers. Understanding the technical sides of it are usually left to the experts and practitioners.
Nonetheless, even experts find the topic challenging. This book is intended to help companies, business owners, managers, expats, and HR practitioners navigate through the “treacherous waters” of job contracting and subcontracting.
While the use of the word “treacherous” to describe it may be strong, it is justified by the fact that engaging in contracting is very technical and companies may get penalized for lapses in compliance with requirements. A single mistake, regardless of intentions, of the parties can be catastrophic.
Imagine, for instance, a big company contracting hundreds of workers with what it thought was a legitimate contract, which due to technical errors, the authorities suddenly found the relationship as labor-only contracting. The employees of contractor will become regular with the principal. This will surely blow the pay grade of the company out of proportion. The correction and/or adjustments needed will be enormous and costly.
This work provides not just laws, rules, and regulations applicable. It gives perspective, insight, and the bird’s-eye view of the situation to serve as a map to the right direction. It tackles D.O. 174, Series of 2017 which superseded D.O. 18-A. Likewise, the DOLE Advisory 01, Series of 2017 providing exceptions. Relevant rules such as D.O. 19, D.O. 13, and D.O. 198, among others are also discussed.
R.A. 11058 and relevant decisions of the Supreme Court on the matter, most especially, on off-detail status in a 2019 case, Bognot vs. Pinic International (Trading) Corporation/CD-R King, et al., (G.R. No. 212471, March 11, 2019) are important parts of this matter. Can individuals with unique skills and talents engage in contracting without registration under D.O. 174? The author discussed the answer in this work.
Salient points of D.O. 174 include the substantial capital of P5 million, shortened validity of the registration, concepts of temporary off-detail, expiration of service agreement, termination for just cause, authorized cause, and not due to expiration of service agreement and their implications.
This book is a compliance guide, first and foremost, to help businesses in their quest to achieve their objectives the legal way and without accidentally falling into the traps of technicalities.
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Solutions and Remedies on Wage Order and Minimum Wage PDF
₱500.00Title: Solutions and Remedies on Wage Order and Minimum Wage – PDF VERSION
The book is designed as easy reference for HR Practitioners, Business Owners, Managers, and Expats who deal with Filipino labor.
Philippine law requires compliance by employers with minimum wages and benefits. It is simplistic to see this as mere implementation of labor rules. It is often more complicated than it seems.
This work guides readers on proper perspective, and practical knowledge in the tortuous highway of labor compliance. The discussion is served in no-frills platter as topics are presented in direct fashion and clear explanation.
This edition features Wage Order No. NCR-20 in the NCR. The book provides highlights on regional minimum wage, nature of wage order, wage or special group of workers (handicapped, paid by results, etc.), coverage and exemptions, CTPA, BMBE rules, wage distortion and how to correct it, salaries above minimum (creditable rule), across-the-board increases, and other interesting and important concepts.
This work can be a good tool in understanding the principles and doctrines in wage orders, irrespective of the rates applicable.
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