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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 25 Comments Read more...

10 Feb

HR Forms, Notices and Contracts Templates (150+ Samples); List of Editable Forms in Word Format

HR Forms are some of the difficult tasks of every HR practitioner to compose from scratch. There are legalities and formalities that have to be considered. LVS Rich Publishing Inc. and EBV Law Office partnered to provide practitioners, business owners, managers, and companies with easily editable templates and sample forms in Word File. At Special Introductory Price of PhP2,998.00 until March 15, 2019, more than 150 sample templates/forms/notices/contracts can be had in USB and CD formats. Shipping is free within the [...]

By Atty Elvin Sample Forms HR Forms 28 Comments Read more...

07 Feb

Minimum Wage and its Monthly Equivalent Based on NCR Wage Order No. 22 (P537/Day)

Minimum wage is based on the normal hours of work which shall not exceed 8 hours per day. As discussed in the book Solutions and Remedies on Wage Order and Minimum Wage, the basis of the minimum wage rates prescribed under the law is the normal working hours which shall not exceed eight (8) hours of work a day. (Section 7, Chapter I, Rules Implementing R.A. No. 6727.) The following are the monthly equivalents of the daily rates in accordance with [...]

By Atty Elvin Labor Law NCR Minimum Wage 15 Comments Read more...

06 Feb

How To Serve Notice of Disciplinary Proceeding to Employee (With Sample Transcript in English and Filipino)

An employee who is suspected of having committed an offense may be subjected to disciplinary process. A corresponding penalty may be imposed if he is found guilty of the offense which may even involve dismissal from service. Under Article 292 [formerly 277] of the Labor Code, an employee to be dismissed should be issued two notices: the notice to explain and the notice of dismissal. There is another requirement which is the holding of hearing/conference if the employee requests for [...]

By Atty Elvin Labor Law, Uncategorized Notice to Explain 20 Comments Read more...

31 Jan

Graceful Exit where the Employee Under Investigation Submits Resignation Before the Decision or Before the Holding of Hearing/Conference

Graceful exit means giving an employee a chance to leave the company without bad record (e.g. termination is considered bad record). Most companies are stumped on a decision when the employee suddenly resigns pending administrative investigation. One question to resolve is should the company issue a Notice of Decision separate from acceptance of resignation or these two should be contained in the same document? There is no hard-and-fast rule. But guided by the technicality (interplay of law, rules, and regulations on [...]

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

28 Jan

Telecommuting Act Contemplates a Voluntary Program and not Mandatory Arrangement

Telecommuting Act has been signed into law as R.A. 11165. It is intended to protect the rights of workers and promote their welfare in accordance with the policy of the State to affirm labor as a primary social economic force. Telecommuting Act or R.A. 11165 PDF IRR of Telecommuting Act or R.A. 11165 PDF Telecommuting is defined as a work arrangement that allows an employee in the private sector to work from an alternative workplace with the use of telecommunication and/or computer [...]

By Atty Elvin Data Privacy Act, Labor Law Telecommuting, Telecommuting Act 27 Comments Read more...

23 Jan

Project Employment Contract In Filipino (Simplified)

Project employment is one of the forms of employment under the Philippine labor laws. The Labor Code provides under Article 295 that it is an exception to the rule on regular employment being an undertaking with scope and duration. Most employees engaged for project employment are those in construction industry or those involving heavy manual labor. Individuals hired as such are normally not conversant with the English language and are more familiar with the Filipino being the everyday language in [...]

By Atty Elvin Labor Law, Sample Forms contract for project employment 18 Comments Read more...

15 Jan

Personal Protective Equipment (PPE) Must be Issued Free of Charge; Sample Acknowledgment Receipt of PPE in Filipino

Personal Protective Equipment or PPE is one of the mandatory items that must be issued by the company to the employee free of charge based on the nature of work. Under R.A. 11058, every employer shall comply with OSHS standards including training, medical examination and, where necessary, provision of protective and safety devices such as personal protective equipment (PPE) and machine guards. In Section 8 of said law, it states that every employer, contractor or subcontractor, if any, shall provide his [...]

By Atty Elvin Labor Law, Sample Forms Personal protective equipment, PPE 24 Comments Read more...

11 Jan

Release, Waiver and Quitclaim Sample Template in Filipino

Release, Waiver and Quitclaim, as a general rule is frowned upon by the court. But it does not mean that it cannot be valid. The post below is based on the book Guide to Valid Dismissal of Employees (pp. 369-370) After the employee has separated from work, he may be required, as a matter of policy, to execute release, waiver and quitclaim. As a general rule, quitclaims executed by employees are often frowned upon as contrary to public policy. But that is [...]

By Atty Elvin Labor Law release, waiver and quitclaim 17 Comments Read more...

10 Jan

PAYMENT OF WAGES FOR JANUARY 1, 2019 HOLIDAY

January 1, 2019 is a regular holiday being New Year’s Day. As such, those who did not work are entitled to 100% of the pay while those who do should be paid 200%. DOLE issued Labor Advisory 27 series of 2018 providing for the pay rules pursuant to Proclamation 555 issued by Malacañang on August 15, 2018. If the employee did not work, he shall be paid 100% of the wage for January 1. Since the NCR rate will be used [...]

By Atty Elvin Labor Law regular holiday 19 Comments Read more...