Labor Law

Separation Pay – Instances when it should be Awarded

Separation pay warranted when the cause for termination is not attributable to the employee’s fault, such as those provided in Articles 298 and 299 of the Labor Code, as well as in cases of illegal dismissal where reinstatement is no longer feasible. Grab a re-numbered copy of the Labor Code with Comments and Notes by Atty. Villanueva On the other hand, an employee dismissed for any of the just causes enumerated under Article 297 of the same Code, being causes attributable to [...]

Immorality – Having Illicit Affair with Another Married Employee

Immorality consisting of having illicit relationship with another married employee can be ground for dismissal. In previous post the sample Notice to Explain for this offense was shared. This is the sample final decision. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 (pp. 152-154). Form No. 86 Decision to Dismiss (Final Notice) – Having an affair with a married co-employee while being married To : Name of Employee From : HR MANAGER or other responsible [...]

Immorality – Having an Affair with Another Married Employee

Immorality can a ground for dismissal of employee. The sample form below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 150-151). Form No. 85 Notice to Explain (First Notice) – Having an affair with a married co-employee while being married To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Having an affair with a married co-employee while being married Date : (Date of issuance of Notice) The following [...]

Immorality as Ground for Dismissal – Notice of Dismissal

Immorality can be ground for dismissal. Employees who knowingly maintain sexual relationship with another who is married may be liable for this offense. The post below is based on the post Human Resource Forms, Notices and Contracts. Form No. 84 Decision to Dismiss (Final Notice) – Having an affair with a married co-employee while being single To : Name of Employee From : HR MANAGER or other responsible officer Subject : Having an affair with a married co-employee while being single [...]

Immorality as Ground for Dismissal

Immorality is defined as a course of conduct which offends the morals of the community and is a bad example to the youth whose ideals a teacher is supposed to foster and elevate. Thus, the gravity and seriousness of the charges against the teacher stem from his being a married man and at the same time a teacher. Therefore, when a teacher engages in extramarital relationship, especially when the parties are both married, such behavior amounts to immorality, justifying [...]

Sample Notice of Dismissal – Purchasing Supplies from Non-Accredited Supplier

Sample Notice of Dismissal is provided as a template for dismissal of employee based on illustrative ground of purchasing supplies from non-accredited suppliers. Company policy may establish the procedure and accreditation process on proper purchasing procedure such that any violation may be meted with disciplinary action. The template below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 82 Decision to Dismiss (Final Notice) – Purchasing supplies from non-accredited supplier To : Name of Employee From [...]

Sample Notice To Explain – Purchasing Supplies from Non-Accredited Suppliers

Sample Notice to Explain for purchasing supplies from non-accredited suppliers may be a punishable offense under the company policy. Below is a sample form culled from the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 81 Notice to Explain (First Notice) – Purchasing supplies from non-accredited suppliers To : Name of Employee From : Human Resources Manager Subject : Purchasing supplies from non-accredited suppliers Date : (Date of issuance of Notice) The incident which occurred [...]

WAGE ORDER NO. NCR – 21

We are sharing below the recently issued Wage Order in NCR by the RTWPB of the Region: PROVIDING FOR A WAGE INCREASE IN THE NATIONAL CAPITAL REGION  WHEREAS, the Regional Tripartite Wages and Productivity Board- National Capital Region (RTWPB – NCR) is mandated under R.A. No. 6727 (The Wage Rationalization Act). To periodically assess wage rates and conduct continuing studies in the determination of the minimum wage applicable in the region or industry. WHEREAS, Wage Order No. NCR-20 took effect on June [...]

Sample Notice to Explain – Having an Affair with a Married Co-Worker

Sample notice to explain is provided for a fictional offense of having an affair with a married co-employee having known the fact of marriage. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2. Form No. 83 Notice to Explain (First Notice) – Having an affair with a married co-employee while being single To : Name of Employee From : Human Resources Manager or other authorized officer Subject : Having an affair with a married co-employee while [...]

Sample Notice of Dismissal for Theft of Company Property

Sample notice of dismissal is provided in this post for the offense of theft of company property. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 130-132). Form No. 74 Decision to Dismiss (Final Notice) – Theft of company computer To : Name of Employee From : HR MANAGER or other responsible officer Subject : Theft of company computer Date : (Date of issuance) This refers to our show cause [...]

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