Atty Elvin, Author at LVS Rich Publishing

10 Feb

CONCEPT OF DISCIPLINE AND THE PREROGATIVE TO IMPOSE PENALTY FOR VIOLATIONS

Discipline, according to Merriam-Webster dictionary, means control that is gained by requiring that rules or orders be obeyed and punishing bad behavior. It is a way of behaving that shows a willingness to obey rules or orders. It is behavior that is judged by how well it follows a set of rules or orders. To discipline means that to punish (someone) as a way of making sure that rules or orders are obeyed. Employee discipline is a management prerogative. The Supreme Court [...]

By Atty Elvin Labor Law 15 Comments Read more...

09 Feb

HOW TO DRAFT THE FINAL NOTICE OF DISMISSAL

Form No. 3, in the book HR Forms, Notices & Contract, is the final step in employee dismissal. This is the second part of the two-notice rule. This is the decision to dismiss, the final notice or the notice of dismissal. After giving the employee the chance to explain the charge in writing, conducting a hearing/conference, evaluation of the evidence and consideration of circumstances surrounding the offense, the employer has to issue his final decision. In this final notice, the employer [...]

By Atty Elvin Labor Law 11 Comments Read more...

08 Feb

SAMPLE NOTICE OF CONFERENCE/HEARING

_______________________________________________ Form No. 2 Notice of Hearing/Conference with preventive suspension –Submitting falsified Official Receipt To : PALSY P. CADOR From : HR Date : __________________ Subject : HEARING/CONFERENCE AND PREVENTIVE SUSPENSION This has reference to the charge of falsification of vendor’s receipt per notice to explain sent to you on ________________. We required you to submit your reply within five (5) days from receipt of such notice. We received your reply on ____________. Initially, you admitted the charge in your reply. To move on with the investigation, [...]

By Atty Elvin Sample Forms 13 Comments Read more...

07 Feb

TWIN REQUIREMENTS AND TWIN-NOTICE RULE

When an employee commits serious offense against the company, he may be dismissed from service. There is a lawful cause for dismissal. Serious offense may include gross and habitual neglect of duty, willful disobedience, willful breach of trust or other causes which the Labor Code specifically considers as ground for dismissal. Grounds for dismissal due to the worker’s fault is known as just causes under Article 282 [now Article 297] of the Labor Code, as amended. However, not all dismissals may [...]

By Atty Elvin Labor Law 10 Comments Read more...

06 Feb

ACTS CONSTITUTING SERIOUS MISCONDUCT PER SUPREME COURT DECISIONS

Conduct of an employee which erodes the morale of his co-employees; (Citibank, N.A. vs. NLRC, G.R. No. 159302, February 6, 2008) The circulation of an e-mail message which resounds subversion and undermines the authority and credibility of the management and employee displayed a tendency to act without management’s approval, and even against management’s will; (Punzal vs. ETSI Technologies, Inc., G.R. Nos. 170384-85, March 9, 2007.) An act of the employee of assailing an employer in a union newspaper since it is [...]

By Atty Elvin Labor Law 14 Comments Read more...

04 Feb

Sample Notice to Explain (First Notice) – Submitting falsified Official Receipt

The Notice to explain should avoid prejudging the case under investigation. Doing so will harm the position of the company. At the very least, it will be taken as partial in nature. At the worst, it can be interpreted as a form of harassment that may amount to constructive dismissal. Sample Notice to Explain (First Notice) – Submitting falsified Official Receipt To : PALSY P. CADOR From : HR Date : __________________ Subject : NOTICE TO EXPLAIN Regarding the receipts that you submitted to the [...]

By Atty Elvin Sample Forms 15 Comments Read more...

03 Feb

NOTICE OF HEARING/CONFERENCE SEE SAMPLE FORM NO. 2 OF ATTY. VILLANUEVA’S BOOK

The next form will be the notice of hearing/ conference, inviting the employee to a dialogue or panel discussion of the charge. Some forms in Atty. Villanueva’s book (HR Forms Vol. 2) provide example of notice inviting employee charged to a hearing/conference. Other forms on certain offenses do not have sample notice for hearing/conference since the reader may simply follow the format shown in other sample forms. Atty. Villanueva discusses some steps and practical guidelines in conducting administrative hearing in [...]

By Atty Elvin Labor Law 13 Comments Read more...

02 Feb

HOW TO CRAFT A VALID NOTICE TO EXPLAIN (NTE) FOR AN EMPLOYEE OFFENSE

Form No. 1 (Found in Atty. Villanueva’s Book HR Forms, Notices & Contracts Vol. 2) is the sample Notice to Explain for Falsification of Office Receipt. Two notices are required for valid dismissal. Another requirement is the opportunity to be heard in a hearing/conference where the employee charged is given a chance to bring along his counsel or support person, if he so desires. Two Notices for Termination Employers must first serve two written notices and conduct a hearing in order [...]

By Atty Elvin Labor Law Comments Off Read more...

Author - Atty Elvin