Uncategorized Archives - Page 4 of 5

22 May

AWOL, Constructive Dismissal, and Abandonment

AWOL is one of the common incidents involving an employee for various reasons: He committed an offense and feels so guilty he does not want to show up He got offended by his superior and decided to consult a lawyer He went to the NLRC to file a constructive dismissal case As to numbers 2 and 3, what should the employer do? The best policy of the employer should be to send a Notice to Explain (NTE) with Return to Work directive the moment [...]

By Atty Elvin Uncategorized absence without official leave, AWOL, gross and habitual neglect of duty 21 Comments Read more...

31 Jan

Abandonment of Work and AWOL – Sample Notice to Explain for AWOL

Abandonment of work is a form of neglect of duty; hence, a just cause for termination of employment under Article 297 [formerly Article 282] of the Labor Code. Get a copy of renumbered Labor Code here. The post and sample form below are based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. The citations were omitted in this post. You may refer to the book to see the citations of legal doctrines and principles. Elements [...]

By Atty Elvin Uncategorized 11 Comments Read more...

26 Sep

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 [...]

By Atty Elvin Labor Law, Sample Forms, Uncategorized Serious Misconduct, supplier 14 Comments Read more...

12 Sep

LVS Books Website Achieves High Trust Rating Online

LVS Books website has high trust rating online. This involves searches and online transactions. LVS Books website is rated SAFE. It is the utmost desire of LVS management to ensure that visitors, shoppers, and customers visiting its site get safe transactions and best customer service. One of the sites that check website legitimacy is scamadvisers.com. LVS website has 77% rating for a relatively new website as shown below. You can check this site at https://www.scamadviser.com/check-website/lvsbooks.com.

By Atty Elvin Uncategorized lvs books 22 Comments Read more...

21 May

Rights of the Employee vs. Rights of the Employer

The post below is based on the book Guide to Valid Dismissal of Employees (page 12) Rights of the employer and the employee: Is it a zero-sum situation? Dismissal is valid when the employer has the just cause or authorized cause for termination. Dismissal may be valid if the employee dismissed committed, for instance theft, falsification, insubordination, etc. Likewise, termination may be effected because the employee’s position is redundant or the company has losses and it needs to retrench employees. It is duly [...]

By Atty Elvin Uncategorized 21 Comments Read more...

03 May

Sample Notice to Explain for Falsification of Commercial Document

Some of the documents that are the subject of falsification by employees include commercial papers. Below is a sample of the Notice to Explain as part of a series of posts. In the next posts, the author will show the succeeding notice template to complete the procedural due process. They are based on the author’s book HR Forms, Notices & Contracts Vol. 2 Form No. 6 Notice to Explain (First Notice) – Falsification of other commercial documents To : Name of [...]

By Atty Elvin Uncategorized 19 Comments Read more...

02 May

Sample Notice of Dismissal for Falsifying Official Receipts to Increase Expenses for Reimbursement

The Sample Form below is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2, page 22. This is the final part of the due process requirement for valid dismissal of employee. Form No. 5 Decision to Dismiss (Final Notice) – Falsifying Official Receipts to Increase Expenses for Reimbursement To : Name of Employee From : HR MANAGER or other authorized officer Subject : Falsifying official receipts to increase expenses for reimbursement Date : (Date of issuance) This refers to our show cause memo on the subject matter dated [...]

By Atty Elvin Uncategorized 24 Comments Read more...

28 Mar

In Case Where there was No Dismissal and No Abandonment of Work, the Employee Should be Reinstated

If Reinstatement is not Possible, Grant Separation Pay The employer denies having dismissed the employee and the worker also denies having abandoned his work. How should this situation be resolved? This is the case of Dee Jay’s Inn and Cafe vs. Rañeses. The Court held in this case that where the employee was neither found to have been dismissed nor to have abandoned his/her work, the general course of action is for the Court to dismiss the complaint, direct the employee to [...]

By Atty Elvin Labor Law, Uncategorized dismissal, reinstatement 17 Comments Read more...

15 Mar

Agreement to Terminate Employee Without Due Process is Void

Grand Placement and General Services Corp. (GPGS) hired Mr. Rutcher Dagasdas (Dagasdas) as Network Technician to be deployed to Industrial & Management Technology Methods Co. Ltd. (ITM) in Saudi Arabia. He was under contract for one year. Dagasdas’ Job Offer indicated that he was accepted by Aramco and ITM for the position of “Supt.” He contended that although his position under his contract was as a Network Technician, he actually applied for and was engaged as a Civil Engineer. When Dagasdas [...]

By Atty Elvin Labor Law, Uncategorized due process, valid dismissal 12 Comments Read more...

14 Mar

Separation Pay is Computed up to Finality of Decision, Even if the Employee‘s Appeal Extended the date of Finality

Veronica Perez filed an illegal dismissal case against her employer, a theology school. She won the case before the Labor Arbiter (LA) all the way up to the Supreme Court. The decision became final and executory on October 4, 2012. The employer argued that the computation of the separation should be up to June 16, 2008 only and not October 4, 2012 resulting in a lower award since the delay in the decision becoming final was due to appeals made [...]

By Atty Elvin Labor Law, Uncategorized appeal, finality of decision, separation pay in lieu of reinstatement 20 Comments Read more...