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Author - Atty Elvin

16 May

Reinstatement as one of the Hazards of Employee Dismissal

This post is a continuation of the topic Hazards of Terminating Employees discussed in the book Guide to Valid Dismissal of Employees (pp.8-9) Man Being Fired from Office Job Reinstatement comes in two forms as follows: 1.) Reinstatement pending appeal; and 2.) Reinstatement after final judgment. Reinstatement pending appeal is an order upon an employer to admit the employee back to work while the appeal is pending. To illustrate, consider the following factual scenario: Employee X files a complaint for illegal dismissal heard by [...]

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14 May

Hazards of Terminating an Employee Part 2

This is a continuation of the post on Hazards of Terminating an employee. The post is based on the book Guide to Valid Dismissal of Employees (pp. 6-7) As mentioned, it is easy for complainants to file the case against the employer which makes it more challenging for the latter. All the complainant has to do is to go to the nearest office of the Department of Labor and Employment and fill out a Request for Assistance under the Single Entry [...]

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14 May

Hazards of Terminating an Employee

As a general rule, the employer has the right to dismiss the services of an erring employee. In legal parlance, it is called management prerogative. But this right has limitations. It must not be exercised in bad faith and with abuse of discretion. The exercise of management prerogative is subject to the limitations imposed by law or by the Collective Bargaining Agreement (CBA), employment contract, employer policy or practice and general principles of fair play and justice. Thus, pursuant to limitations, there [...]

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13 May

Sample Notice of Termination for Falsification of Attendance Record

This is the sample form for termination of employee who committed falsification of his attendance record. In the previous post, the NTE for this offense was already posted. Those following this post may have noticed a wayward topic on “coherence in writing” and “weight loss” which this author did not write. The IT of this writer is now looking into this incident. At any rate, the sample notice below is based on the book HR Forms, Notices & Contracts Volume 2, [...]

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11 May

Sample Notice to Explain for Falsification of Attendance Record

One of the common problems of companies is the irregularity on attendance record. While biometric system has been popularly adopted there are still those that use the manual and bundy clock records. The last two methods are prone to falsification. In this Form, a disciplinary action is taken for offense involving this incident. The Form is based on the book HR Forms, Notices & Contracts Volume 2, pp. 29-30. Form No. 10 Notice to Explain (First Notice) – Falsification of Attendance [...]

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09 May

Sample Notice of Dismissal for Falsification of Company Receipts

During the previous post, a sample NTE was shown for falsification of company receipts which is dismissible offense. In such NTE, a Notice of Hearing/Conference is also included to comply with the statutory due process. The Notice of Dismissal is the final step to complete the procedural requirements. The sample notice below is based on the book HR Forms, Notices & Contracts Volume 2, pp. 27-28. Form No. 9 Decision to Dismiss (Final Notice) – Falsification of Company receipts To : Name [...]

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08 May

Sample Notice to Explain Offense of Falsification of Company Receipts

The sample template below is falsification but this time pertains to another company document. This will help HR practitioners understand the peculiarities of each document in terms of addressing the disciplinary issues. Thus, below is the sample NTE. This is based on the book HR Forms, Notices & Contracts Volume 2, pp. 26-27. Form No. 8 Notice to Explain (First Notice) – Falsification of company receipts To : Name of Employee From : Human Resources Manager Subject : Falsification of company receipts [...]

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06 May

Sample Notice of Termination for Falsification of Commercial Documents

This is the final notice of the offense Falsification of Other Commercial Documents which in my previous post I shared the sample Notice to Explain. These two notices are crucial in making sure that the dismissal of employee complies with the procedural due process requirements. This is based on my book HR Forms, Notices & Contracts Volume 2 pp 24-25. Don’t labor thinking how to create the legally defensible notices of disciplinary action. This book will help you and you [...]

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04 May

Can Employees File a Labor Case with the Barangay Captain?

For ordinary employees living on daily wages, filing of labor case against the company can impact of their budget as they need to pay for transportation and all other incidental expenses in going to DOLE/NLRC offices. Can they instead file a case with the Barangay as it is near the place where they work? Can the Barangay Captain compel the employer to participate in the proceeding? Under Section 408 of the Local Government Code, the Lupon shall have authority to bring together the parties [...]

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03 May

Sample Notice to Explain for Falsification of Commercial Document

Some of the documents that are the subject of falsification by employees include commercial papers. Below is a sample of the Notice to Explain as part of a series of posts. In the next posts, the author will show the succeeding notice template to complete the procedural due process. They are based on the author’s book HR Forms, Notices & Contracts Vol. 2 Form No. 6 Notice to Explain (First Notice) – Falsification of other commercial documents To : Name of [...]

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