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11 Feb

Analogous Cause for Employee Dismissal Should be Indicated in the Code of Conduct

Analogous cause for dismissal is now required by the DOLE to be indicated the company’s code of conduct. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 264-266). Learn How to Craft and Formulate Legally-Defensible Company Code of Discipline from the book How to Design and Formulate Company Code of Discipline by Atty. Villanueva Other causes must be analogous to any of the following: 1. Serious misconduct or willful disobedience by the [...]

By Atty Elvin Labor Law analogous cause, termination 14 Comments Read more...

09 Feb

WAGES PAID PER TRIP CANNOT ESTABLISH THE EXISTENCE OF AN EMPLOYER-EMPLOYEE RELATIONSHIP BECAUSE THIS IS MERE METHOD OF COMPUTING THE PROPER COMPENSATION

Wages paid on various methods cannot establish existence of employer-employee relationship because it is a mere method of payment. The SC held in the case of Expedition Construction Corporation, et al. vs. Africa, et al., (G.R. No. 228671, December 14, 2017), as follows: Jurisprudence adhered to the four-fold test in determining the existence of an employer-employee relationship, to wit: (1) the selection and engagement of the employee; (2) the payment of wages; (3) the power of dismissal; and (4) the power to control the [...]

By Atty Elvin Labor Law employer-employee relationship, four-fold test 9 Comments Read more...

08 Feb

Backwages and Reinstatement are Two Separate Reliefs

Backwages allows the employee to recover from the employer that which he had lost by way of wages as a result of his dismissal. The twin remedies of reinstatement and payment of backwages make the dismissed employee whole who can then look forward to continued employment. Backwages and reinstatement are separate and distinct reliefs given to an illegally dismissed employee in order to alleviate the economic damage brought about by the employee’s dismissal. “Reinstatement is a restoration to a state from [...]

By Atty Elvin Labor Law backwages, reinstatement 22 Comments Read more...

06 Feb

Dismissal Notice for Overpricing Purchases to Defraud the Company

Dismissal notice should be issued to employees to comply with procedural due process of termination. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 (pp. 263-264) by Atty. Elvin B. Villanueva. Form No. 135 Decision to Dismiss (Final Notice) – Overpricing of purchases to defraud company To : Name of Employee From : HR MANAGER or other responsible officer Subject : Overpricing of purchases to defraud company Date : (Date of issuance) The following [...]

By Atty Elvin Labor Law, Sample Forms notice of dismissal 13 Comments Read more...

04 Feb

Sample Notice to Explain for Overpricing Purchases to Defraud Company

Sample notice to explain is shown here to guide HR practitioners and business owners on how to properly enforce discipline in accordance with procedural due process. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Elvin B. Villanueva (pp. 261-262). Form No. 134 Notice to Explain (First Notice) – Overpricing of purchases to defraud company To : Name of Employee From : Human Resources Manager Subject : Overpricing of purchases to defraud [...]

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

03 Feb

Sample Notice of Dismissal for Manufacturing Receipts

Sample notice of dismissal is provided to give HR practitioners ideas on how to comply with the procedural due process requirements of employee termination. The post below is based on the book Human Resource Forms, Notices and Contracts Volume 2 by Atty. Villanueva (pp. 259-261). Form No. 133 Decision to Dismiss (Final Notice) – Manufacturing receipts to defraud company To : Name of Employee From : HR MANAGER or other responsible officer Subject : Manufacturing receipts to defraud company Date : (Date [...]

By Atty Elvin Labor Law, Sample Forms Notice of Decision, notice of dismissal, willful breach 21 Comments Read more...

01 Feb

Willful Breach of Trust – Sample Notice to Explain for Manufacturing Receipts

Willful breach of trust is one of the grounds for dismissal of employees. Loss of trust and confidence is a term most employers use to dismiss a managerial employee who breached the trust reposed in him. To be valid ground for an employee’s dismissal, loss of trust and confidence must be based on a willful breach. A breach is willful if it is done intentionally, knowingly and purposely, without justifiable excuse. A willful breach cannot be a breach resulting from mere carelessness. A [...]

By Atty Elvin Labor Law, Sample Forms loss of trust and confidence, willful breach 15 Comments Read more...

01 Feb

AWOL Sample Notice of Dismissal

AWOL or Absence Without Official Leave is a ground for dismissal if it constitutes gross and habitual neglect of duty. Below is a Sample Notice of dismissal being the final step required to comply with the procedural due process of employee termination. In the previous post, a sample NTE for AWOL was shown. The post below is the continuation of that notice. It is based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Elvin B. Villanueva. Form [...]

By Atty Elvin Labor Law, Sample Forms absence without official leave, AWOL 25 Comments Read more...

31 Jan

Abandonment of Work and AWOL – Sample Notice to Explain for AWOL

Abandonment of work is a form of neglect of duty; hence, a just cause for termination of employment under Article 297 [formerly Article 282] of the Labor Code. Get a copy of renumbered Labor Code here. The post and sample form below are based on the book Human Resource Forms, Notices & Contracts Volume 2 by Atty. Villanueva. The citations were omitted in this post. You may refer to the book to see the citations of legal doctrines and principles. Elements [...]

By Atty Elvin Uncategorized 11 Comments Read more...

26 Jan

Sample Notice of Termination for Habitual Tardiness

Sample forms, notices and contracts provided in the book Human Resource Forms, Notices & Contracts Volume 2 can help practitioners and business owners deal with the disciplinary issues in the establishment. The post below is based on the HR Forms book mentioned above (pp. 230-232) by Atty. Villanueva and Atty. Florido. Form No. 123 Decision to Dismiss (Final Notice) – Habitual Tardiness To : Name of Employee From : HR MANAGER or other responsible officer Subject : Habitual Tardiness Date : (Date of issuance) This [...]

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