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01 May

Sample Notice to Explain for Falsifying Official Receipts to Increase Expenses for Reimbursement

The Sample Form below is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2. This Notice to Explain (NTE) includes the Notice of Conference. Form No. 4 Notice to Explain (First Notice) – Falsifying Official Receipts to Increase Expenses for Reimbursement To : Name of Employee From : Human Resources Manager Subject : Falsifying official receipts to increase expenses for reimbursement Date : (Date of issuance of Notice) The incident which occurred in the premises of the office has been brought to our attention. It [...]

By Atty Elvin Sample Forms falsification 14 Comments Read more...

01 May

Sample Notice of Administrative Hearing/Conference

The Sample Form below is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2 Written notice of hearing/conference must be sent to the employee charged. It may be integrated in the Notice to Explain or contained in a separate memorandum or notice. In all notices mentioned in this book, they should be served on the employee personally or if he is not available to receive must be sent by registered mail with return card to his last known [...]

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29 Apr

Sample Notice to Explain for Falsification

The Sample Form below is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2 Form No. 1 Notice to Explain – Submitting Falsified Official Receipt To : PALSY P. CADOR From : HR Date : __________________ Subject : NOTICE TO EXPLAIN Regarding the receipts that you submitted to the Accounting Department for reimbursement, it was found that three (3) of the receipts issued by the vendor do not correspond to the correct amount shown in the vendor’s copy. OR [...]

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27 Apr

Sample Notice of Decision to Dismiss for Falsification

The Sample Form below is based on Atty. Villanueva’s book HR Forms, Notices & Contracts Volume 2 Form No. 3 Decision to Dismiss (Final Notice) – Submitting Falsified Official Receipt To : PALSY P. CADOR From : HR Date : __________________ Subject : DECISION Regarding the charge of falsification of vendor’s receipt, the following is the findings of the management. You submitted several receipts from vendors for purposes of reimbursing your purchases. However, it appears that OR No. 123 has an amount of P8,000.00, [...]

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26 Apr

The Employer who Raises the Defense of Resignation against an Illegal Dismissal Complaint must prove that Resignation was Voluntary

Philippine Nautical Training College, (PNTC), is a private entity engaged in the business of providing maritime training and education. In 1988, PNTC employed Grande as Instructor for medical courses like Elementary First Aid and Medical Emergency. Grande became the Course Director of the Safety Department. PNTC was then principally engaged in providing maritime training for seafarers. In 2002, Grande was appointed Course Director for the Training Department of PNTC school. In November 2007, she resigned as she had to pursue graduate [...]

By Atty Elvin Labor Law burden of proof, Resignation 18 Comments Read more...

25 Apr

A Pawnshop Manager who Brought Outsider during Pull Out of “Rematado” Items held Liable for Loss of Trust

P.J. Lhuillier, Inc. (PJLI), the owner and operator of the “Cebuana Lhuillier” chain of pawnshops, Hector Oriel Cimagala Camacho (Camacho) as Area Operations Manager (AOM) for Area 213, covering the province of Pangasinan. Camacho was assigned to administer and oversee the operations of PJLI’s pawnshop branches in the area. Regional Manager Vizcarra received several text messages from some personnel assigned in Area 213, reporting that Camacho brought along an unauthorized person, a non-employee, during the QTP operation (pull-out of “rematado” [...]

By Atty Elvin Labor Law loss of trust and confidence 63 Comments Read more...

24 Apr

Parties Cannot Evade the Application of Labor Laws by mere Expedient of a Contract

Lapastora and Ubalubao alleged that they worked as room attendants of Olympic Housing, Inc. (OHI), the entity engaged in the management of Olympia Executive Residences (OER) from March 1995 and June 1997, respectively, until they were placed on floating status on February 24, 2000, through a memorandum sent by Fast Manpower. They alleged that they were directly hired by the company and received salaries from its operations clerk. They also claimed that OHI exercised control over them as they were [...]

By Atty Elvin Labor Law regular employment 20 Comments Read more...

23 Apr

THE USE OF COMPANY’S TIME AND PREMISES FOR GAMBLING ACTIVITIES IS A GRAVE OFFENSE WHICH AMOUNTS TO THEFT OF THE COMPANY’S TIME

Dante M. Sarosal, Francisco Dumagal. Jr., Nelson E. Francisco, Elmer C. Saromines and Samuel D. Coronel (Complainants) were employed by Universal Canning Universal Canning on various capacities. Complainants were caught by Universal Canning company’s Purchasing Officer, Falconieri Almazan, playing cards at the company’s premises during working hours. The incident was immediately reported by Almazan to the Personnel Officer, Ma. Lourdes Losaria, who immediately conducted an investigation to determine the names and of those who were involved in the gambling activities. On [...]

By Atty Elvin Labor Law gambling, loss of trust and confidence 21 Comments Read more...

22 Apr

Burden of Proof in Dispute Over Resignation Letter

Teodora F. Campo (Campo) claimed that she worked for Silvertex Weaving Corporaton (SILVERTEX) as a weaving machine operator. Prior to her dismissal, she was suspended for one week after a stitching machine that she was operating overheated and emitted smoke on. When she tried to report back to work, she was denied entry by the SILVERTEX’s security guard, reportedly upon the instructions of Arcenal. For their defense, the Silvertex Weaving Corporation (Silvertex) argued that Campo voluntarily resigned from SILVERTEX after [...]

By Atty Elvin Labor Law burden of proof, Resignation letter 17 Comments Read more...

20 Apr

The Activities of Project Employees may or may not be Usually Necessary or Desirable in the Usual Business or Trade of the Employer

Fortunato B. Ando, Jr. (Ando) filed a complaint against E. Ganzon, Inc. (EGI) and its President, Eulalio Ganzon, for illegal dismissal and money claims. Ando alleged that he was a regular employee working as a finishing carpenter in the construction business of EGI. He said that he was repeatedly hired from January 21, 2010 until April 30, 2011 when he was terminated without prior notice and hearing. EGI countered that, as proven by the three (3) project employment contracts, Ando was [...]

By Atty Elvin Labor Law project employment 14 Comments Read more...