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01 Dec

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 mere [...]

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19 Nov

Affidavit of Loss of ATM Captured by the Machine

Affidavit of Loss sample is provided here to guide in preparing the relevant document in case the ATM is captured by the machine. Thus: Republic of the Philippines) City of Makati ) S.S. AFFIDAVIT OF LOSS I, MAKU LIMUTIN, of legal age, single, Filipino, and a resident of 1234 Quezon Ave., Dinagaan, Legazpi City, after having been duly sworn to, in accordance with law, do hereby depose and state that: I was a holder of an Automated Teller Machine (ATM) card of [...]

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11 Nov

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 15, [...]

By Atty Elvin Labor Law, Sample Forms loss of trust and confidence 19 Comments Read more...

10 Nov

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, Inc., [...]

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08 Nov

AFFIDAVIT OF DISCREPANCY IN SSS RECORDS AGAINST BIRTH DOCUMENTS SAMPLE

Affidavit of discrepancy is provided here to guide the user on salient allegations needed to achieve the desired results. Affidavit of Discrepancy Discovered in the SSS Records Against Birth and Baptismal Republic of the Philippines ) City of Makati ) S.S. AFFIDAVIT OF DISCREPANCY We, MR. BOZ T. OTAMA, of legal age, Filipino, single/married, and a resident of Kalachuchi Nalaglag, Bohol, after having been duly sworn to, in accordance with law, do hereby depose and state that: I am the same identical [...]

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08 Nov

AFFIDAVIT OF DENIAL

Affidavit of denial may be submitted to clear one’s name when there are other records bearing the same name with pending case or derogatory information. Below is a sample affidavit: Affidavit of Denial (of Identity who has a Pending Case / Derogatory Record) REPUBLIC OF THE PHILIPPINES) City of ___________________) S.S. AFFIDAVIT OF DENIAL I, ALUH D. AKOYAN, of legal age, single, and a resident of Unit 452525252 MET 2, Cityland Brgy. Pio Del Pilar, Makati City, after having been duly sworn to in accordance [...]

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06 Nov

AFFIDAVIT ACKNOWLEDGING VARIOUS SIGNATURES

Affidavit Acknowledging Various Signatures is provided as a guide for those who signed in various documents different signatures to explain the reason behind and to attest that they are his signatures. Republic of the Philippines) City of Makati ) S.S AFFIDAVIT ACKNOWLEDGING VARIOUS SIGNATURES I, MARA M. INGPIRMA, of legal age, single/married, Filipino, and a resident of ______________________________________, after having been duly sworn to, in accordance with law, do hereby depose and state that: I applied for a job with an [...]

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06 Nov

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 October [...]

By Atty Elvin Labor Law, Sample Forms AWOL, Resignation 18 Comments Read more...

05 Nov

Salary Differential under EMLL: Non-Taxability per DOLE Department Advisory 1-A, Series of 2019 PDF

Salary differential has finally been ruled by the BIR as non-taxable proceed to the employee. This was expressed by the bureau in RMC 105-2019 clarifying the tax treatment of maternity leave benefits under the 105-Day Expanded Maternity Leave Law. In this Department Advisory of the DOLE, it clarifies as well that the salary differential paid by an employer on the basis thereof is exempt from income and withholding taxes. Below is the PDF Version of the Department Advisory (original file not [...]

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