Latest News - Page 55 of 81 - LVS Rich Publishing

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 16 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 17 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 12 Comments Read more...

21 Mar

Separation Pay Rules and How To Properly Compute If Termination Is Due To Redundancy, Retrenchment, Or Closure

Separation pay is one of those items mandated to be given by law to employees under certain situation. Article 298 [formerly 283] of the Labor Code (get a copy of the re-numbered Labor Code 2018 Edition by Atty. Villanueva), 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 cessation of operation of the establishment or undertaking unless the closing is for the purpose [...]

By Atty Elvin Labor Law separation pay 42 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 16 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 14 Comments Read more...

15 Mar

Project Employment Contract

Project employment contract is a necessary document to establish the correct relationship between the company and the individual. There are specific rules unique to this employment relationship that should be observed. Since project employment creates a limited form of security of tenure compared to regular employment it is, in this sense, inferior to the latter. However, the difference is not designed to defeat the rights of labor. It is due to the nature of business involved. For instance, a condominium project [...]

By Atty Elvin Labor Law project employment 15 Comments Read more...

14 Mar

Disciplinary Action on Employees

Disciplinary action can be a painful experience for both employer and employee involved. It is necessary however for the maintenance of harmony and order inside the company. Under the Philippine law, imposition of disciplinary action has to observe rules to avoid the impression that an employee is just being harassed, constructively dismissed, and worse illegally dismissed. The foundation limiting the exercise of management prerogative is observance of due process for the employee being charged. Due process such as apprising the employee [...]

By Atty Elvin Labor Law disciplinary action 10 Comments Read more...