Sample Forms Archives - Page 5 of 15

04 Jul

Personal Protective Equipment (PPE) Should be at Employer’s Expense With Sample Acknowledgment Form

Personal Protective Equipment (PPE) shall be provided to workers in accordance with safety regulations free of charge. Under D.O. 13, Series of 1998, every employer shall, at his own expense, furnish his workers with protective equipment for eyes, face, hands and feet, lifeline, safety belt/harness, protective shields and barriers whenever necessary by reason of the hazardous work process or environment, chemical or radiological or other mechanical irritants or hazards capable of causing injury or impairment in the function of any [...]

By Atty Elvin Labor Law, Sample Forms Personal protective equipment, PPE 18 Comments Read more...

28 Jun

Sample Contract for Project Employment in Filipino or Tagalog

Sample contract is provided here as guide for companies that would like to draft their project employment contract for project employees who are not conversant of the English language or who better understand only Filipino or Tagalog. As basic reminder in project employment contract, the following must be shown: 1. Parties 2. Duration of the project or phase thereof (must be made known at the time of engagement) 3. Expected completion date 4. Provision on possible extension 5. Description of the project 6. Completion bonus (not [...]

By Atty Elvin Labor Law, Sample Forms contract for project employment, Filipino forms, project employment 20 Comments Read more...

20 Jun

Sample Acceptance of Retirement Lowering Compulsory Retirement Age

Sample acceptance of retirement lowering compulsory retirement age is necessary following the decision of the Supreme Court in the case of Alfredo F. Laya, Jr. vs. Court of Appeals, et al., G.R. No. 205813, January 10, 2018. Employee’s consent to the retirement plan cannot be inferred from signature in the personnel action forms containing the phrase: “Employee hereby expressly acknowledges receipt of and undertakes to abide by the provisions of his/her Job Description, Company Code of Conduct and such other policies, guidelines, [...]

By Atty Elvin Labor Law, Sample Forms Acceptance of retirement age, retirement 19 Comments Read more...

27 Apr

Allowance and its Labor and Tax Implications

Allowance is generally used by employers as means to augment the take home income of employees hoping to avoid impacting on basic salary and/or paying the tax. However, it is not as simplistic as that. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. Villanueva Allowance can take several forms. It may be regular part of compensation or given occasionally. It can serve various purposes like transportation, communication, [...]

By Atty Elvin Labor Law, Sample Forms, Tax Law allowance, De Minimis Benefits, TRAIN Law 19 Comments Read more...

25 Apr

Vacation Leave Sample Policy in Relation to Discipline; Sample Leave Form

Vacation leave as a benefit is not mandated by the Labor Code. What is provided is the Service Incentive Leave (SIL). Both are of the same nature in a sense that they allow qualified employee to be absent with pay. Service incentive leave (SIL) benefit grants five (5) days of absence with pay to qualified employees. The basis of SIL is Article 95 of the Labor Code providing the right to service incentive leave to every employee who has rendered [...]

By Atty Elvin Labor Law, Sample Forms leave benefit, vacation leave 23 Comments Read more...

24 Apr

PROMOTION OF EMPLOYEE: SAMPLE NOTICE ON TRIAL PERIOD

Promotion of employee is the advancement from one position to another with an increase in duties and responsibilities as authorized by law, and usually accompanied by an increase in salary. (Homeowners Savings and Loan Association, Inc. vs. NLRC, 262 SCRA 406 (1996).) Element of Promotion The indispensable element for there to be a promotion is that there must be an advancement from one position to another or an upward vertical movement of the employees rank or position. Nature of Promotion; Management Prerogative Promotion [...]

By Atty Elvin Labor Law, Sample Forms promotion, transfer 62 Comments Read more...

19 Apr

Sample Questions Guide on Administrative Conference for Gross and Habitual Neglect of Duty

Sample questions are provided below to help practitioners in conducting administrative conference involving employee being charged of an offense. In this sample scenario the employee is being charged with gross and habitual neglect of duties. To learn the principles on employee discipline, it is best to have a copy of Atty. Elvin B. Villanueva’s Guide to Valid Dismissal of Employees Second Edition. Likewise, learn how to craft and formulate your company policies for purposes of discipline in a book How to [...]

By Atty Elvin Labor Law, Sample Forms Hearing or Conference 22 Comments Read more...

17 Apr

CONTRACT OF REGULAR EMPLOYMENT IN FILIPINO/TAGALOG

Contract of employment if expressed in writing will be beneficial to both the employee and employer as it provides the framework of rights and obligations between the parties. This prevents or at least minimizes misunderstanding. The post below is based on the soon-to-be published collection of forms, notices, and contracts in Filipino/Tagalog which will be useful with regard to employees who are not conversant in the English language. See other sample forms, notices and contracts in Human Resource Forms, Notices and [...]

By Atty Elvin Labor Law, Sample Forms employment contract 23 Comments Read more...

10 Apr

Bona Fide Suspension Of Operations (Are Boracay Resort Owners Prohibited From Terminating Employees?); Sample Bona Fide Suspension Notice to Employee and DOLE

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 (1) [...]

By Atty Elvin Labor Law, Sample Forms bona fide suspension 18 Comments Read more...

06 Apr

GRACEFUL EXIT: RULES APPLICABLE AND HOW TO LEGALLY ADDRESS THE ISSUE

Graceful exit is a way by which some employers waive the full extent of their disciplinary policy by allowing the employee facing a live threat of termination to tender resignation instead of facing administrative investigation and eventual sanctions for the irregularities. Verily, employer’s decision to give the employee a graceful exit rather than to file an action for redress is perfectly within its discretion as it is not uncommon that an employee is permitted to resign to avoid the humiliation [...]

By Atty Elvin Labor Law, Sample Forms Graceful exit, Resignation 22 Comments Read more...