Sample Forms Archives - Page 6 of 15

03 Apr

Probationary Employment Contract Sample 2

Probationary employment arises where the employee upon his engagement is made to undergo a trial period during which the employer determines his fitness to qualify for regular employment based on reasonable standards made known to him at the time of engagement. (See Tamsons Enterprises, Inc. vs. CA, G.R. No. 192881, November 16, 2011) The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva The probationary employment is intended to afford the [...]

By Atty Elvin Labor Law, Sample Forms probationary, probationary employment 16 Comments Read more...

01 Apr

Transfer Of Employee; Sample Notice

Transfer of employee is an exercise of management prerogative. Under the doctrine of management prerogative, every employer has the inherent right to regulate, according to his own discretion and judgment, all aspects of employment, including hiring, work assignments, working methods, the time, place and manner of work, work supervision, transfer of employees, lay-off of workers, and discipline, dismissal, and recall of employees. The only limitations to the exercise of this prerogative are those imposed by labor laws and the principles [...]

By Atty Elvin Labor Law, Sample Forms transfer 12 Comments Read more...

29 Mar

FIXED-TERM EMPLOYMENT CONTRACT SAMPLE

Fixed-term employment contracts are not limited, as they are under the present Labor Code, to those by nature seasonal or for specific projects with predetermined dates of completion; they also include those to which the parties by free choice have assigned a specific date of termination. A fixed-term employment is valid only under certain circumstances. In Brent School vs. Zamora [G.R. No. 48494, 5 February 1990, 181 SCRA 702], the Court identified several circumstances wherein a fixed-term is an essential [...]

By Atty Elvin Labor Law, Sample Forms fixed-period employment, fixed-term employment 17 Comments Read more...

25 Mar

Termination Due to Installation of Labor Saving Device

Termination due to installation of labor-saving device is one of the authorized causes for employee dismissal. It is provided under Article 298 [Formerly Article 283; re-numbered per RA 10151 and DOLE DA 01 Series of 2015; Get a copy of re-numbered Labor Code 2018 Edition by Atty. Villanueva] of the Labor Code. It states that the employer may also terminate the employment of any employee due to the installation of labor-saving devices, redundancy, retrenchment to prevent losses or the closing or [...]

By Atty Elvin Labor Law, Sample Forms installation of labor-saving devices, termination 18 Comments Read more...

22 Mar

Seasonal Employment Contract Sample

Seasonal employment arises where the work or service to be performed is seasonal in nature and the employment is for the duration of the season. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva. A “seasonal employee” is one whose work or service to be performed is seasonal in nature and the employment is for the duration of the season. For instance, department stores augment their workforce during Christmas season [...]

By Atty Elvin Labor Law, Sample Forms seasonal employment 13 Comments Read more...

21 Mar

Casual Employment Contract Sample

Casual employment pertains to work performed which is not usually necessary and desirable in the usual business or trade of employer. The challenge is knowing its distinction from regular employment when the facts and circumstances are muddled up. For instance, the employment contract may state Casual Employment Contract in its title but the content may carry references to regular employment. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 1 by Atty. Elvin B. Villanueva. The [...]

By Atty Elvin Labor Law, Sample Forms casual employment 12 Comments Read more...

20 Mar

Regular Employment Contract Sample

Regular employment grants full security of tenure to employee unlike in some other forms of employment. For instance, a regular employee cannot be dismissed due to expiration of contract, end of season, completion of projects, etc. He can only be dismissed for cause or when the business exigencies or operation of the company demands it such as redundancy, retrenchment, and closure. Regular employment contract should embody the respect to such security of tenure and at the same time maximize the potential [...]

By Atty Elvin Labor Law, Sample Forms regular employment 17 Comments Read more...

17 Mar

How to Terminate a Probationary Employee

How to terminate a probationary employee? This stumps most HR practitioners and business owners. Should the company observe the 30-day notice rule? Should DOLE be informed of said termination? What procedure and justification should be used? The post below is based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Elvin B. Villanueva. Article 296 [formerly Article 281] of the Labor Code (re-numbered per RA 10151 – See Labor Code 2018 Edition by Atty. Villanueva) provides that the [...]

By Atty Elvin Labor Law, Sample Forms probationary employment 16 Comments Read more...

12 Mar

Notice of Dismissal for Stealing Co-Employee’s Cellular Phone

Notice of dismissal is the final notice necessary to fully satisfy the procedural due process requirements in employee dismissal. The post below is a sample notice of dismissal based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. Form No. 138 Decision to Dismiss (Final Notice) – Stealing co-employee’s cellular phone To : FON STILLER Clerk From : HR Date : _____________________ Subject : DECISION Acting on a complaint from Ms. Moby L. Ladik regarding the [...]

By Atty Elvin Labor Law, Sample Forms Notice of Decision, notice of dismissal 15 Comments Read more...

09 Mar

Administrative Conference Notice for Stealing Co-Employee’s Cellular Phone

Administrative conference is one of the steps required to satisfy the procedural due process requirement in employee dismissal. The employer must notify the employee of such conference. This written notice can be used as proof that the company accorded the employee ample opportunity to explain his side. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 137 Notice of Hearing/Conference – Stealing co-employee’s cellular phone To : FON STILLER [...]

By Atty Elvin Sample Forms Sample Notice of Hearing or Conference 13 Comments Read more...