Sample Forms

Sample Certification Contents for Non-APOR Fetcher / Driver of an APOR Employee for the ECQ Checkpoint

Acquire Mastery of HR/Labor Doctrines, Rules and Principles with Atty. Elvin’s HR Bundle Books at Discounted Rate 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. Below is a brief discussion of the background of the power behind the promulgation of rules and regulations in response to COVID-19 situation. Section 15 Article II [...]

Fixed-Term Employment Concept with Sample Template Contract Preview

Fixed-term employment agreement is one of the forms of employment under the Philippine labor law. It is not a concept based on the Labor Code. Rather, its legal basis is the Civil Code. Purchase a copy of the Fixed-Term Employment Contract here This contract should be used sparingly though. 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 [...]

How to Suspend Employment Relationship (Bona fide Suspension) Due to Natural Calamity or on Order of the Government (i.e. Taal Ashfall)

Bona-fide suspension of the operation of a business or undertaking for a period not exceeding six (6) months, or the fulfillment by the employee of a military or civic duty shall not terminate employment. (Art. 301, Labor Code; The Labor Code of the Philippines, Villanueva, pp. 295-296) In all such cases, the employer shall reinstate the employee to his former position without loss of seniority rights if he indicates his desire to resume his work not later than one [...]

Project Employment Requires that the Employee is Informed at the Time of Engagement that he is to carry out a Particular Project

Project employment exists when 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. (See page 276, The Labor Code of the Philippines by Atty. Elvin B. Villanueva citing Art. 295) Where the employee is not informed of project employment at the time of engagement the presumption that he is a regular employee arises. (See Bajaro vs. Metro Stonerich Corp., [...]

Notice of Termination for Dishonesty Involving Project Engineer – Sample Notice

Notice of termination is the final step to employee dismissal following the procedural due process. The requirements start with the issuance of the NTE or Notice to Explain. Some call this Show Cause Memo or SCM. But terminologies aside, they refer to the same thing: the first notice given to an employee being charged. Next is the issuance of the Notice of Hearing/Conference or Administrative Conference. While it is true that in the case of Perez vs. PT&T (G.R. NO. [...]

Administrative Hearing or Conference for Dishonesty involving a Project Engineer; Sample Notice of Administrative Hearing

Administrative hearing is one of the procedural requirements for employee dismissal. The concept of procedural due process as a statutory requirement is provided under Art. 301 of the re-numbered Labor Code [formerly Art. 286]. As opposed to substantive, procedural due process refers to the procedure involved in the dismissal of an employee. Notices and hearing or conference belong to this aspect. Procedural due process requires further that an employee can only be dismissed after he has been given an [...]

Dishonesty of Project Engineer; Sample Notice to Explain

Dishonesty by an employee who has been put in charge of the employer’s money and property amounts to breach of the trust reposed by the employer, and normally leads to loss of confidence in her. Such dishonesty comes within the just and valid causes for the termination of her employment under Article 282 [now Art. 297] of the Labor Code. (Gargoles vs. Del Rosario, G.R. No. 158583, September 10, 2014) A willful breach cannot be a breach resulting from [...]

Loss of Trust and Confidence Cannot be Invoked on Mere Uncorroborated Assertion and Accusation; Sample Notice to Explain

Loss of trust and confidence, to constitute a sufficient ground for termination, the employer must have a reasonable ground to believe, if not to entertain the moral conviction, that the employee was responsible for the misconduct, and that the nature of his participation therein rendered him absolutely unworthy of the trust and confidence demanded by his position. (See page 182, Guide to Valid Dismissal of Employees, 2nd Edition, Samar-Med Distribution vs. NLRC, G.R. No. 162385, July [...]

Termination due to Closure of Service Business: Sample Notice of Termination

Termination of business is one of the prerogatives which business owner may exercise in the pursuit of his business. The decision to close business is a management prerogative exclusive to the employer, the exercise of which no court or tribunal can meddle with, except only when the employer fails to prove compliance with the requirements of Art. 283 [now Art. 298]. (Page 263, Guide to Valid Dismissal of Employees, 2nd Edition, Eastridge Golf Club, Inc. vs. Eastridge Golf Club, [...]

Notice to Explain for Absences Prior to Effective Date of Resignation

Notice to explain is provided in this post as a sample in a case where the employee submitted the resignation but did not observe the 30-day prior notice. Article 300 of the Labor Code provides that an employee may terminate without just cause the employee-employer relationship by serving a written notice on the employer at least one (1) month in advance. The employer upon whom no such notice was served may hold the employee liable for damages. For instance on [...]

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