11
Feb
Authority to Deduct Sample Form
Authority to deduct as practiced in employment setting empowers the employer to set off the monetary accountability of employee against his receivable.
It is provided in Article 113 of the Labor Code that no employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except in cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment, among others.
Art. 113. Wage deduction. No employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except:
- In cases where the worker is insured with his consent by the employer, and the deduction is to recompense the employer for the amount paid by him as premium on the insurance;
- For union dues, in cases where the right of the worker or his union to check-off has been recognized by the employer or authorized in writing by the individual worker concerned; and
- In cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment.
The Civil Code provides that the employer is authorized to withhold wages for debts due:
Article 1706. Withholding of the wages, except for a debt due, shall not be made by the employer.
“Debt” in this case refers to any obligation due from the employee to the employer. It includes any accountability that the employee may have to the employer. There is no reason to limit its scope to uniforms and equipment, as petitioners would argue. (Milan vs. NLRC, G.R. No. 202961, February 04, 2015)
Acquire mastery on the Rules Governing Employment such as benefits, discipline, and the forms required from the compendium of titles HR Bundle
In Solas vs. Power and Telephone Supply Phils., Inc. [585 Phil. 513, 522–523 (2008)], et al., the Supreme Court recognized this right of the employer when it ruled that the employee in that case was not constructively dismissed. There was valid reason for respondents’ withholding of salary. The employee does not deny that he is indebted to his employer. The company explained that the salary for the period covered was applied as partial payment for his debt and for withholding taxes on his income.
AUTHORITY TO WITHHOLD AND/OR DEDUCT FOR DEBT
(KAPANGYARIHAN PARA MAGKALTAS O MAG-WITHOLD NG HALAGA MULA SA SAHOD/BENEPISYO PARA BAYARAN ANG UTANG)
Ako, si MON GO LLOYD-CRUZ, nasa hustong gulang, Filipino, at empleyado ng XYZ Company, ay nagbibigay ng awtorisasyon, kapangyarihan, at pumapayag na:
- Hindi ibigay (withhold) at kaltasin sa aking sahod at benepisyo ang halagang LIMANG LIBONG (PhP5,000.00) PISO bilang kabayaran sa utang ko sa kompanya;
- Na ang nasabing halaga ay aking babayaran sa loob ng limang (5) buwan na ikakaltas o ibabawas tuwing katapusan ng buwan sa halagang tig-isanlibo (PhP1,000.00) kada sahod simula sa ___________;
- Ang pag withhold at pagkaltas ay kusang-loob kong inaayunan at ako mismo ay nagbibigay ng nasabing kapangyarihan. Pinapawalang-sala ko ang kompanya, mga may-ari, opisyal, at empleyado sa anumang danyos o reklamo na mag-resulta dito ito man ay administratibo, civil or kriminal;
- Ang dokumentong ito ay maaring gamitin laban sa akin bilang ebidensya sa anumang kaso, reklamo, o pagdinig at ito ay gagamiting pabor sa kompanya.
- Ang pagsagawa ko ng deklarasyong ito ay kusang-loob, walang pananakot, pananakit o panlilinlang mula kanino man.
MON GO LLOYD-CRUZ
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TABLE OF FORMS
| Form Number | Form Title | Page |
| PRELIMINARY FORMS | ||
| Form No. i | Sample Job Description Questionnaire | 28 |
| Form No. ii | Manpower Requisition Form (for Position that is yet to be created) | 30 |
| Form No. iii | Personnel Requisition Form (for Position that is already existing) | 32 |
| Form No. iv | Job Contracting Checklist (If Company Contracts with Janitorial, Security, Etc.) under D.O. 174 | 33 |
| DOLE MANDATORY POLICIES | ||
| Form No. v | Anti-Sexual Harassment Policy | 36 |
| Form No. vi | Drug-Free Workplace Policy | 44 |
| Form No. vii | Sample Hepatitis B Prevention and Control Policy | 52 |
| Form No. viii | Sample HIV/AIDS Prevention and Control Program | 58 |
| Form No. ix | Sample Tuberculosis (TB) Prevention and Control Policy | 65 |
| PRE-EMPLOYMENT FORMS AND NOTICES | ||
| Form No. 1-A | Sample application form (with Consent Per Data Privacy Law) | 72 |
| Form No. 1-B | Sample application form (with Consent Per Data Privacy Law) | 76 |
| Form No. 1-C | Sample application form (with Data Privacy Consent) | 80 |
| Form No. 1-D | Sample application form (with Consent Per Data Privacy Law) | 85 |
| Form No. 2 | Application letter by employee | 90 |
| Form No. 2-A | Letter acknowledging receipt of Application | 91 |
| Form No. 2-A-1 | Sample Interview Schedule | 92 |
| Form No. 2-A-2 | Sample Interview Sheet | 93 |
| Form No. 2-A-3 | Sample Interview Evaluation Form | 94 |
| Form No. 2-A-4 | Sample Letter Rejecting Applicant After Initial Interview | 97 |
| Form No. 2-A-5 | Sample Letter Denying Applicant For Interview | 98 |
| Form No. 2-A-6 | Sample Letter Rejecting Applicant After Second Interview | 99 |
| Form No. 2-A-7 | Sample Employment Offer | 100 |
| Form No. 2-A-8 | Undertaking of Receipt of Code of Conduct | 103 |
| Form No. 2-A-9 | Sample Consent under Data Privacy Act (Filipino/Tagalog Version) | 105 |
| Form No. 2-A-10 | Sample Consent under Data Privacy Act (English Version) | 106 |
| EMPLOYMENT PROPER FORMS, NOTICES AND UNDERTAKINGS | ||
| Form No. 2-B | Undertaking giving consent to retirement age (For companies with retirement plan) | 108 |
| Form No. 2-C | Sample Background Reference Check Guidelines | 109 |
| Form No. 3-A | Employment checklist | 114 |
| Form No. 3-B | Employment checklist | 115 |
| Form No. 3-C | Declaration of Disability | 117 |
| Form No. 3-D | Sample Employee Orientation Checklist | 118 |
| Form No. 3-E | Sample Employee Orientation Attendance Record | 122 |
| Form No. 3-F | Sample Acknowledgment Receipt of Personal Protective Equipment (Filipino/Tagalog) | 124 |
| Form No. 4-A | Sample probationary contract | 126 |
| Form No. 4-B | Sample probationary contract | 129 |
| Form No. 4-C | Sample probationary contract | 132 |
| Form No. 4-D | Sample probationary contract (with metrics and confidentiality clause) | 139 |
| Form No. 4-D-1 | Sample probationary contract (with Data Privacy Consent Clause) | 151 |
| Form No. 4-E | Sample probationary contract (Simplified – without confidentiality clause) | 164 |
| Form No. 4-F | Sample Leave Application Form | 174 |
| Form No. 4-1 | Sample evaluation form | 175 |
| Form No. 4-2 | Sample evaluation form | 177 |
| Form No. 4-3 | Sample training bond | 183 |
| Form No. 4-4 | Sample Termination of Probationary Employee Due to Failure to Qualify as Regular Employee | 187 |
| Form No. 5-A | Sample supplementary contract for regular employment | 189 |
| Form No. 5-B | Sample notice of regularization | 190 |
| Form No. 5-C | Sample regular employment contract | 191 |
| Form No. 5-D | Sample regular employment contract (with Data Privacy Consent Clause) | 195 |
| Form No. 6-A | Sample casual employment contract | 207 |
| Form No. 6-B | Sample casual employment contract | 210 |
| Form No. 6-C | Sample casual employment contract | 212 |
| Form No. 6-D | Sample casual employment contract (with Data Privacy Consent Clause) | 218 |
| Form No. 7-A | Sample project employment contract | 213 |
| Form No. 7-B | Sample project employment contract | 227 |
| Form No. 7-C | Sample project employment contract | 230 |
| Form No. 7-D | Sample project employment contract (With Data Privacy Consent Clause) | 231 |
| Form No. 8-A | Sample seasonal employment contract | 236 |
| Form No. 8-B | Sample seasonal employment contract | 240 |
| Form No. 8-C | Sample seasonal employment contract | 242 |
| Form No. 8-D | Sample seasonal employment contract (With Data Privacy Consent Clause) | 244 |
| Form No. 9-A | Sample fixed term employment contract | 249 |
| Form No. 9-B | Sample fixed term employment contract | 252 |
| Form No. 9-C | Sample fixed term employment contract (With Data Privacy Consent Clause) | 256 |
| Form No. 10-A | Sample part time employment contract | 263 |
| Form No. 10-B | Sample part time employment contract | 265 |
| Form No. 10-C | Sample part time employment contract (With Data Privacy Consent Clause) | 270 |
| Form No. 11-A | Sample notice of transfer | 276 |
| Form No. 11-B | Sample notice of transfer | 277 |
| Form No. 11-C | Sample Overtime Request Form | 279 |
| Form No. 11-D | Sample Overtime Pay Claim Form | 280 |
| Form No. 11-E | Sample Authority to Deduct Payment for Debt (Filipino/Tagalog Version) | 281 |
|
SAMPLE NOTICES TO EXPLAIN FOR OFFENSES WHERE
|
||
| Form No. 12 | Notice to explain for violation of the rule on general cleanliness | 283 |
| Form No. 13 | Notice to explain for violation of the rule against littering | 284 |
| Form No. 14 | Notice to explain for violation of the rule against smudging | 285 |
| Form No. 15 | Notice to explain for violation of the rule against disorderly filing | 286 |
| Form No. 16 | Notice to explain for violation of the rule on taking meals in designated dining area | 287 |
| Form No. 17 | Notice to explain for taking unauthorized undertime | 289 |
| Form No. 18 | Notice to explain for violation of the coffee break schedule | 290 |
| Form No. 19 | Notice to explain for violation of lunch break schedule | 291 |
| Form No. 20 | Notice to explain for abandonment of post | 292 |
| Form No. 21 | Notice to explain for absence without leave (AWOL) | 293 |
| Form No. 22 | Notice to explain for failure to give notice for sickness | 295 |
| Form No. 23 | Another notice to explain for failure to give notice for sickness | 296 |
| Form No. 24 | Notice to explain for tardiness | 297 |
| Form No. 25 | Notice to explain for failure to log in attendance | 298 |
| Form No. 26 | Notice to explain for failure to log out attendance | 299 |
| Form No. 27 | Notice to explain for knowingly punching the timecard or logging in attendance for other employees | 301 |
| Form No. 28 | Notice to explain for unauthorized alteration made on one’s timecard or attendance sheet | 302 |
| Form No. 29 | Notice to explain for unauthorized alteration made on other’s timecard with consent of such employee | 303 |
| Form No. 30 | Notice to explain for unauthorized alteration made on other’s timecard without the consent of such employee | 305 |
| Form No. 31 | Notice to explain for unauthorized removal of one’s timecard or attendance sheet | 306 |
| Form No. 32 | Notice to explain for unauthorized removal of another’s timecard or attendance sheet | 307 |
| Form No. 33 | Notice to explain for unauthorized concealment of one’s timecard or attendance sheet | 309 |
| Form No. 34 | Notice to explain for unauthorized concealment of another’s timecard or attendance sheet | 310 |
| Form No. 35 | Notice to explain for intentional destruction of one’s timecard or attendance sheet | 311 |
| Form No. 36 | Notice to explain for intentional destruction of another’s timecard or attendance sheet | 313 |
| Form No. 37 | Notice to explain for reporting for work not in prescribed dress code | 315 |
| Form No. 38 | Notice to explain for reporting for work not in prescribed uniform (barong or blouse) | 316 |
| Form No. 39 | Notice to explain for reporting for work not in prescribed uniform (pants or skirt) | 318 |
| Form No. 40 | Another sample notice to explain for reporting for work not in prescribed uniform (pants or skirt) | 319 |
| Form No. 41 | Notice to explain for reporting for work not in prescribed uniform (blazer) | 320 |
| Form No. 42 | Notice to explain for failure to wear the company’s identification (ID) card | 322 |
| Form No. 43 | Notice to explain for refusal to wear the company issued identification card | 323 |
| Form No. 44 | Notice to explain for deliberate destruction of ID card | 324 |
| Form No. 45 | Notice to explain for mutilation of ID card | 326 |
| Form No. 46 | Notice to explain for alteration of entries in the ID card | 327 |
| Form No. 47 | Notice to explain for concealment of one’s ID card | 329 |
| Form No. 48 | Notice to explain for concealment of another’s ID card | 330 |
| Form No. 49 | Notice to explain for unauthorized or improper use of ID card | 331 |
| Form No. 50 | Another notice to explain for unauthorized or improper use of ID card | 332 |
| Form No. 51 | Notice to explain for loitering in unrestricted area | 334 |
| Form No. 52 | Notice to explain for loitering in restricted area | 335 |
| Form No. 53 | Notice to explain for refusal to subject oneself to annual physical examinations | 336 |
| Form No. 54 | Notice to explain for refusal to subject oneself to executive checkup | 337 |
| Form No. 55 | Notice to explain for refusal to abide by auditing procedure | 339 |
| Form No. 56 | Notice to explain for refusal to abide by security and safety regulations | 340 |
| Form No. 57 | Notice to explain for refusal to transfer to another assignment | 342 |
| Form No. 58 | Notice to explain for refusal to perform one’s task | 343 |
| Form No. 59 | Notice to explain for refusal to render overtime work | 344 |
| Form No. 60 | Notice to explain for refusal to report for holiday work | 346 |
| Form No. 61 | Notice to explain for refusal to issue disciplinary action to subordinate | 347 |
| Form No. 62 | Notice to explain for refusal to obey lawful order of superior | 348 |
| Form No. 63 | Notice to explain for refusal to give information in a company investigation | 350 |
|
SAMPLE NOTICES TO EXPLAIN FOR OFFENSES WHERE THE PENALTY TO BE IMPOSED IS SUSPENSION
|
||
| Form No. 64 | Notice to explain for taking unauthorized undertime | 352 |
| Form No. 65 | Notice to explain for knowingly punching timecard or logging in attendance for other employees | 353 |
| Form No. 66 | Notice to explain for refusal to transfer to another assignment | 355 |
| Form No. 67 | Notice to explain for willful breach of trust on account of mitigating circumstance | 356 |
|
SAMPLE NOTICES TO EXPLAIN FOR OFFENSES WHERE THE PENALTY IMPOSED IS DISMISSAL
|
||
| Form No. 68 | Notice to explain for abandonment of work | 359 |
| Form No. 69 | Another sample notice to explain for abandonment of work | 360 |
| Form No. 70 | Notice to explain for willful breach of trust | 362 |
|
SAMPLE NOTICES TO EXPLAIN FOR OFFENSES WHERE PREVENTIVE SUSPENSION IS IMPOSED AND THE PENALTY IS DISMISSAL
|
||
| Form No. 71 | Sample notice to explain for serious misconduct | 363 |
| Form No. 72 | Another sample notice to explain for serious misconduct | 365 |
| Form No. 73 | Notice to explain for willful breach of trust or loss of confidence | 368 |
|
SAMPLE NOTICES OF HEARING OR CONFERENCE
|
||
| Form No. 74 | Notice of hearing or conference for willful breach of trust | 370 |
| Form No. 75 | Notice of hearing or conference for serious misconduct-use of company fund | 371 |
| Form No. 75-A | Sample Attendance Sheet of the Hearing/Conference | 229 |
|
SAMPLE NOTICES IMPOSING WARNING AS A PENALTY
|
||
| Form No. 76 | Notice imposing warning for violation of the company policy on general cleanliness | 374 |
| Form No. 77 | Notice imposing warning for littering | 375 |
| Form No. 78 | Notice imposing warning for smudging | 377 |
| Form No. 79 | Notice imposing warning for disorderly filing | 378 |
| Form No. 80 | Notice imposing warning for eating in a place within office premises other than the designated dining area. | 379 |
| Form No. 81 | Notice imposing warning for taking unauthorized undertime | 381 |
| Form No. 82 | Notice imposing warning for violation of coffee break schedule | 383 |
| Form No. 83 | Notice imposing warning for violation of lunch break schedule | 384 |
| Form No. 84 | Notice imposing warning for abandoning post | 386 |
| Form No. 85 | Notice imposing warning for absence without leave (AWOL) | 388 |
| Form No. 86 | Notice imposing warning for failure to give notice for absence due to sickness | 390 |
| Form No. 87 | Another sample notice imposing warning for failure to give notice for absence due to sickness | 391 |
| Form No. 88 | Notice imposing warning for tardiness | 393 |
| Form No. 89 | Notice imposing warning for failure to log in attendance | 394 |
| Form No. 90 | Notice imposing warning for failure to log out attendance | 396 |
| Form No. 91 | Notice imposing warning for knowingly punching timecard or logging in attendance for other employees | 397 |
| Form No. 92 | Notice imposing warning for unauthorized alteration made on one’s timecard or attendance sheet | 399 |
| Form No. 93 | Notice imposing warning for unauthorized alteration made on other’s timecard with consent of such employee | 401 |
| Form No. 94 | Notice imposing warning for unauthorized alteration made on other’s timecard without the consent of such employee | 402 |
| Form No. 95 | Notice imposing warning for unauthorized removal of one’s timecard or attendance sheet | 404 |
| Form No. 96 | Notice imposing warning for unauthorized removal of another’s timecard or attendance sheet | 406 |
| Form No. 97 | Notice imposing warning for unauthorized concealment of one’s timecard or attendance sheet | 407 |
| Form No. 98 | Notice imposing warning for unauthorized concealment of another’s timecard or attendance sheet | 409 |
| Form No. 99 | Notice imposing warning for intentional destruction of one’s timecard or attendance sheet | 410 |
| Form No. 100 | Notice imposing warning for intentional destruction of another’s timecard or attendance sheet | 412 |
| Form No. 101 | Notice imposing warning for reporting for work not in prescribed dress code | 414 |
| Form No. 102 | Notice imposing warning reporting for work not in prescribed uniform (barong or blouse) | 415 |
| Form No. 103 | Notice imposing warning for reporting for work not in prescribed uniform (pants or skirt) | 417 |
| Form No. 104 | Another sample notice imposing warning for reporting for work not in prescribed uniform (pants or skirt) | 418 |
| Form No. 105 | Notice imposing warning for reporting for work not in prescribed uniform (blazer) | 420 |
| Form No. 106 | Notice imposing warning for failure to wear ID card | 422 |
| Form No. 107 | Notice imposing warning for refusal to wear ID card | 423 |
| Form No. 108 | Notice imposing warning for deliberate destruction of ID card | 425 |
| Form No. 109 | Notice imposing warning for mutilation of ID card | 427 |
| Form No. 110 | Notice imposing warning for alteration of entries in the ID card | 429 |
| Form No. 111 | Notice imposing warning for concealment of one’s ID card | 430 |
| Form No. 112 | Notice imposing warning for concealment of another’s ID card | 432 |
| Form No. 113 | Notice imposing warning for unauthorized and improper use of ID card | 434 |
| Form No. 114 | Another sample notice imposing warning for unauthorized and improper use of ID card | 436 |
| Form No. 115 | Notice imposing warning for loitering in unrestricted area | 437 |
| Form No. 116 | Notice imposing warning for loitering in restricted area | 438 |
| Form No. 117 | Notice imposing warning for insubordination due to refusal to subject oneself to physical examinations | 440 |
| Form No. 118 | Notice imposing warning for insubordination due to refusal to subject oneself to executive checkup | 442 |
| Form No. 119 | Notice imposing warning for refusal to abide by auditing procedure | 444 |
| Form No. 120 | Notice imposing warning for refusal to abide by security and safety regulations | 445 |
| Form No. 121 | Notice imposing warning for refusal to transfer to another assignment | 447 |
| Form No. 122 | Notice imposing warning for refusal to perform one’s task | 449 |
| Form No. 123 | Notice imposing warning for insubordination for refusal to render overtime work | 451 |
| Form No. 124 | Notice imposing warning for refusal to report for holiday work | 452 |
| Form No. 125 | Notice imposing warning for refusal to issue disciplinary action to subordinate | 454 |
| Form No. 126 | Notice imposing warning for refusal to obey the lawful orders of superior | 456 |
| Form No. 127 | Notice imposing warning for refusal to give information in a company investigation | 458 |
|
NOTICES IMPOSING THE PENALTY OF SUSPENSION
|
||
| Form No. 128 | Notice imposing suspension for taking unauthorized undertime | 460 |
| Form No. 129 | Notice imposing suspension for knowingly punching timecard or logging in attendance for other employees | 461 |
| Form No. 130 | Notice imposing suspension for refusal to transfer to another assignment | 463 |
| Form No. 131 | Notice imposing a lesser penalty of suspension due to mitigating circumstance involving misappropriation of company fund | 466 |
|
SAMPLE NOTICES OF DISMISSAL
|
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| Form No. 132 | Notice of dismissal for abandonment of work | 470 |
| Form No. 133 | Another sample notice of dismissal for abandonment of work | 472 |
| Form No. 134 | Notice of dismissal for loss of trust or willful breach of trust | 473 |
|
SAMPLE NOTICES OF DISMISSAL WITH CORRESPONDING PREVENTIVE SUSPENSION
|
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| Form No. 135 | Notice of dismissal for serious misconduct | 475 |
| Form No. 136 | Another notice of dismissal for serious misconduct | 479 |
| Form No. 137 | Notice for loss of trust or willful breach of trust | 485 |
| Form No. 137-A | Notice of Extension of Preventive Suspension | 488 |
| POST-EMPLOYMENT FORMS | ||
| Form No. 138 | Clearance Form | 490 |
| Form No. 139 | Sample Release, Waiver, and Quitclaim | 492 |
| Form No. 140 | Sample Acceptance of Resignation where the employee resigns pending investigation of offense | 495 |
| Form No. 141 | Sample Acceptance of Resignation No Pending Case | 341 |
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