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06 Mar

Notice of Dismissal for Abandonment of Work – Sample Template in Filipino/Tagalog

Notice of Dismissal is the final step in the procedural due process involved in employee dismissal. The sample template below is part of the series of posts wherein the NTE was issued and a Notice of Hearing/Conference as well. Thus: To: MASON Q. PADERMO Concrete Mason From: HR Date: _______________________ Subject: NOTICE OF DISMISSAL: PAG-ABANDONA NG TRABAHO (ABANDONMENT OF WORK) Ito ay may kinalaman sa iyong pagliban sa trabaho ng ilang araw ang inabot. Hanggang ngayon ay hindi ka pa rin pumapasok. Lumalabas sa talaan [...]

By Atty Elvin Labor Law, Sample Forms abandonment of work 19 Comments Read more...

03 Mar

Final Pay Sample Computation of Resigned Employee Based on NCR Minimum Wage NCR-22

Final pay is the last pay or salary given to employee after separation from service. One of those modes of cutting employment relationship is resignation. An employee who resigns is not entitled to separation pay. The latter benefit is given for employees who were declared redundant, retrenched, or terminated due to closure of business where the company is not suffering from serious financial reverses. So, what do employees who resigned get from the company? If the company has superior benefits than what [...]

By Atty Elvin Labor Law Final Pay, Resignation 49 Comments Read more...

03 Mar

How to Use the Soft Copy Version of HR Forms Word File

HOW TO USE THE SOFT COPY VERSION INTRODUCTION This HR Forms, Notices & Contracts Vol. 1 soft copy (Word File) is intended to be a user-friendly version of the printed book, most especially to Word users. Easily Draft Your HR Forms, Notices and Contracts Soft Copy Version (With Over 150 Sample Templates Editable in Word File). Order Your USB/CD Here! Special Introductory Price Until March 15, 2019. The entire 150+ sample forms are contained in a single Word File (HR Forms Volume 1 [...]

By Atty Elvin Labor Law, Sample Forms HR Forms 15 Comments Read more...

27 Feb

Holiday Pay Rules for February 25, 2019 with Sample Computation

Holiday pay is given to employees if the requirements of the law have been satisfied. In the case of February 25, 2019, it was declared as special non-working holiday by Malacañang under Proclamation No. 555. Thus, under Labor Advisory No. 03, Series of 2019, the Department of Labor and Employment issued rules for pay on special non-working day such as February 25, 2019. If the employee did not work, the “no work, no pay” principle shall apply unless there is a [...]

By Atty Elvin Labor Law special day 16 Comments Read more...

25 Feb

Separation Pay Received for Redundancy, Retrenchment, or Cessation of Business, Beyond the Control of Employee is Non-Taxable

Separation pay is mandated to be given to employee who is terminated due to redundancy as set forth under Article 298 of the Labor Code, as amended. In general, this applies to retrenchment and termination due to cessation or closure of business. There is an exception as held in the cases of North Davao Mining vs. NLRC (G.R. No. 112546, March 13, 1996.) and Reahs Corporation vs. NLRC (G.R. No. 117473, April 15, 1997). (See discussion of said cases on pp. 289, [...]

By Atty Elvin Labor Law, Tax Law separation pay 28 Comments Read more...

23 Feb

Compressed Workweek with Sample Wage Computation Based on NCR Wage Order No. 22

Compressed workweek scheme was originally conceived for establishments wishing to save on energy costs, promote greater work efficiency and lower the rate of employee absenteeism, among others. Normally, establishments require work from Monday to Saturday at eight-hour work per day. Filipinos prefer to spend Saturdays and Sundays with family and for leisure activities among others. Employers would also like to save cost. Hence, the idea came out to compress the work days in a week from six days to five [...]

By Atty Elvin Labor Law Compressed WorkWeek 19 Comments Read more...

20 Feb

Notice of Hearing or Conference for Theft (Filipino/Tagalog)

Notice of Hearing / Conference is among the requirements for employee dismissal most especially if the company’s Code of Discipline or Code of Conduct provides for the holding of it during dismissal cases. The basis for this requirement is Article 292 [formerly Article 277 of the Labor Code, which states, in part, that: “the employer shall furnish the worker whose employment is sought to be terminated a written notice containing a statement of the causes for termination and shall afford the [...]

By Atty Elvin Labor Law, Sample Forms Sample Notice of Hearing or Conference 12 Comments Read more...

13 Feb

Notice To Explain Theft With Preventive Suspension (Filipino/Tagalog)

Notice to Explain (NTE) for theft is shown here to guide HR Practitioners, owners and business managers of the procedural due process requirements involving cases of theft inside the company premises. The Revised Penal Code generally defines theft as an act committed by any person who, with intent to gain but without violence against or intimidation of persons nor force upon things, shall take personal property of another without the latter’s consent. (page 124, Guide to Valid Dismissal of Employees [...]

By Atty Elvin Sample Forms Notice to Explain 16 Comments Read more...

11 Feb

Authority to Deduct Sample Form

Authority to deduct as practiced in employment setting empowers the employer to set off the monetary accountability of employee against his receivable. It is provided in Article 113 of the Labor Code that no employer, in his own behalf or in behalf of any person, shall make any deduction from the wages of his employees, except in cases where the employer is authorized by law or regulations issued by the Secretary of Labor and Employment, among others. Art. 113. Wage deduction. [...]

By Atty Elvin Sample Forms Authority to Deduct 21 Comments Read more...

10 Feb

Anti-Sexual Harassment Policy – Sample Policies And Procedures In Compliance With Department Of Labor And Employment (DOLE) Requirements

Sexual harassment refers to behavior that is not welcome, that is personally offensive, debilitates morale and, therefore, interferes with work effectiveness. Such behavior may be in the form of unwanted physical, verbal or visual sexual advances, requests for sexual favors, and other sexually oriented conduct which is offensive or objectionable to the recipient, including, but not limited to: epithets derogatory or suggestive comments, slurs or gestures and offensive posters, cartoons, pictures, or drawings. The company will not tolerate any behavior that amounts to sexual harassment [...]

By Atty Elvin Labor Law, Seminars Sexual harassment 21 Comments Read more...