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13 Mar

Termination Due to Disease with Sample Notice

Termination of employment requires the observance of substantive and procedural due process requirements. The post below is based on the book Guide to Valid Dismissal of Employees Second Edition by Atty. Elvin B. Villanueva. The law authorizes termination of employment on the ground of disease found in Article 284 [now Article 299 in a renumbered Labor Code] of the Labor Code. This is one of the authorized causes for termination in addition to those under Article 298. Not all diseases are grounds for [...]

By Atty Elvin Labor Law disease 11 Comments Read more...

12 Mar

Notice of Dismissal for Stealing Co-Employee’s Cellular Phone

Notice of dismissal is the final notice necessary to fully satisfy the procedural due process requirements in employee dismissal. The post below is a sample notice of dismissal based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. Form No. 138 Decision to Dismiss (Final Notice) – Stealing co-employee’s cellular phone To : FON STILLER Clerk From : HR Date : _____________________ Subject : DECISION Acting on a complaint from Ms. Moby L. Ladik regarding the [...]

By Atty Elvin Labor Law, Sample Forms Notice of Decision, notice of dismissal 14 Comments Read more...

09 Mar

Administrative Conference Notice for Stealing Co-Employee’s Cellular Phone

Administrative conference is one of the steps required to satisfy the procedural due process requirement in employee dismissal. The employer must notify the employee of such conference. This written notice can be used as proof that the company accorded the employee ample opportunity to explain his side. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva. Form No. 137 Notice of Hearing/Conference – Stealing co-employee’s cellular phone To : FON STILLER [...]

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

08 Mar

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone

Sample notice to explain is shared in this post to help practitioners on how to craft the procedural requirement for employee discipline/dismissal. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. Form No. 136 Notice to Explain (First Notice) – Stealing co-employee’s cellular phone To : FON STILLER Clerk From : HR Date : _____________________ Subject : Notice to Explain HR received a complaint from Ms. Moby L. Ladik that on [...]

By Atty Elvin Labor Law, Sample Forms analogous cause, theft 9 Comments Read more...

04 Mar

Withholding Tax Computation Under the TRAIN Law

Withholding tax computation has been provided by the BIR in the RMC that it issued earlier this year. Recently, the BIR issued RR 8-2018 as regards computation of withholding on compensation income, among others. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. Villanueva The post below is based on the article posted in EBV Law Office. Under the TRAIN law the compensation range that is not subject to [...]

By Atty Elvin Labor Law, Tax Law compensation tax, withholding tax 25 Comments Read more...

02 Mar

De Minimis Benefits Remain to be Exempt under the TRAIN Law

De Minimis Benefits (DMB) are exempt from the fringe benefit tax and income tax shall, in general, be limited to facilities or privileges furnished or offered by an employer to his employees that are of relatively small value and are offered or furnished by the employer merely as a means of promoting the health, goodwill, contentment, or efficiency. Grab a copy of the newly released title Tax Solutions on Employee Compensation and Benefits (under TRAIN Law), 2nd Edition 2019 by Atty. [...]

By Atty Elvin Labor Law, Tax Law De Minimis Benefits, DMB, RR 11-2018, TRAIN Law 14 Comments Read more...

27 Feb

Sample Notice of Administrative Conference for Theft of Co-Employee’s Property

Sample notice of administrative conference/hearing is provided here to guide practitioners of the substance required to satisfy the procedural mandate for employee dismissal. The post is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva (pp. 275-276). Form No. 142 Notice of Hearing/Conference – Stealing co-employee’s Handbag To : CLIFF T. MANIA Encoder From : HR Date : _____________________ Subject : HEARING/CONFERENCE This is with regard to the charge of theft of co-employee’s property against [...]

By Atty Elvin Labor Law, Sample Forms Sample Notice of Hearing or Conference 19 Comments Read more...

25 Feb

Notice to Explain Theft of Co-Employee’s Property

Notice to explain is one of the requirements to satisfy the procedural due process in employee dismissal. The post below is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva. Form No. 141 Notice to Explain (First Notice) – Stealing co-employee’s handbag To : CLIFF T. MANIA Encoder From : HR Date : _____________________ Subject : Notice to Explain On _______, Ms. Bagh A. Dict informed the Security Office and HR regarding the [...]

By Atty Elvin Labor Law, Sample Forms Notice to Explain 12 Comments Read more...

14 Feb

Sample Notice of Hearing for Stealing Co-Employee’s Cellular Phone

Sample notice of hearing is provided here to guide HR practitioners on important concepts to remember when implementing procedural due process in employee dismissal. Take note that the offense committed in this sample notice is not against the company. The victim of theft of cellular phone is the employee. Hence, it falls under the analogous cause of Article 297 [formerly Article 282] of the Labor Code, as amended. The post below is based on the book Human Resource Forms, Notices and [...]

By Atty Elvin Labor Law, Sample Forms analogous cause, theft 20 Comments Read more...

13 Feb

Sample Notice to Explain for Stealing Co-Employee’s Cellular Phone as Analogous Cause

Sample Notice to Explain is provided to guide HR practitioners of the approach in enforcing discipline for offense committed falling under analogous cause. Earlier, we posted about the analogous causes under Article 297 [formerly Article 282] of the Labor Code, as amended stating that under the DOLE issuance they should be indicated in the company’s Code of Discipline to validly invoke the same as ground for dismissal. Below is the sample notice to illustrate this concept. This is based on the [...]

By Atty Elvin Labor Law, Sample Forms analogous cause, theft 19 Comments Read more...