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Guide on Employee Compensation and Benefits Vol. 1
₱495.00Title: Guide on Employee Compensation and Benefits Vol. 1
This book provides the guidelines, jurisprudence, and even sample computations on some critical aspects of compensation like overtime, night-shift differential, holiday pay, etc. For example, how to calculate the daily rate if the employee works on a holiday, renders overtime, falling on night differential period and at a time where it is also his rest day? The book shows how.
It shows the solutions to situations in salary administration involving minimum wage and legally mandated benefits. The aim of this work is to promote payment of correct salaries and benefits to the best assets of the company while at the same time preserving the reason for being of any business: that is, derive profits.
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Data Privacy Consent Undertaking with SPA for HMO – Soft Copy Editable Template
₱495.00This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This is another template from LVS which makes employer’s or business owner’s life a lot easy. This is editable in Word document as it was written using the Word 365 software.
Data privacy law is probably one of the hallmark legislations in the country protecting the personal information of individuals transacting with any entity.
The Data Privacy Act of 2012 (DPA) declares that it is the policy of the State to protect the fundamental human right of privacy, of communication while ensuring free flow of information to promote innovation and growth. The State recognizes the vital role of information and communications technology in nation-building and its inherent obligation to ensure that personal information in information and communications systems in the government and in the private sector are secured and protected.
It is a practice for some companies to provide the health coverage for its employees in the form of a health card provider or Health Maintenance Organization (HMO). As a matter of procedure, employees would undergo medical checkup, operation, diagnosis, etc. and the results are made available only to the employees involved.
In certain cases, the HMO and/or medical facility/entity would refuse to provide the company or employer a copy of the results as the same may violate the DPA. The medical information may form part of the protected personal information or sensitive personal information.
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As defined by law, “personal information” refers to any information whether recorded in a material form or not, from which the identity of an individual is apparent or can be reasonably and directly ascertained by the entity holding the information, or when put together with other information would directly and certainly identify an individual.
Further, “sensitive personal information ” refers to personal information:
(1) About an individual’s race, ethnic origin, marital status, age, color, and religious, philosophical or political affiliations;
(2) About an individual’s health, education, genetic or sexual life of a person, or to any proceeding for any offense committed or alleged to have been committed by such person, the disposal of such proceedings, or the sentence of any court in such proceedings;
(3) Issued by government agencies peculiar to an individual which includes, but not limited to, social security numbers, previous or current health records, licenses or its denials, suspension or revocation, and tax returns; and
(4) Specifically established by an executive order or an act of Congress to be kept classified.
As a rule, the processing of sensitive personal information and privileged information is prohibited. There are exceptions under the law, to wit:
(a) The data subject has given his or her consent, specific to the purpose prior to the processing, or in the case of privileged information, all parties to the exchange have given their consent prior to processing;
(b) The processing of the same is provided for by existing laws and regulations: Provided, That such regulatory enactments guarantee the protection of the sensitive personal information and the privileged information: Provided, further, That the consent of the data subjects are not required by law or regulation permitting the processing of the sensitive personal information or the privileged information;
(c) The processing is necessary to protect the life and health of the data subject or another person, and the data subject is not legally or physically able to express his or her consent prior to the processing;
(d) The processing is necessary to achieve the lawful and noncommercial objectives of public organizations and their associations: Provided, That such processing is only confined and related to the bona fide members of these organizations or their associations: Provided, further, That the sensitive personal information are not transferred to third parties: Provided, finally, That consent of the data subject was obtained prior to processing;
(e) The processing is necessary for purposes of medical treatment, is carried out by a medical practitioner or a medical treatment institution, and an adequate level of protection of personal information is ensured; or
(f) The processing concerns such personal information as is necessary for the protection of lawful rights and interests of natural or legal persons in court proceedings, or the establishment, exercise or defense of legal claims, or when provided to government or public authority.
While it appears that in an employer-employee relationship, the information obtained from the employee is in relation to such employment, there is a need to have a clear consent to process the information on the part of the employer. Hence, if the information is shared by the employee with the medical facility and the results are generated, the employer can be authorized by the employee to have such copy.
This should be in the form of an express consent since an individual’s health is a sensitive personal information under the law which can only be processed if there is an express consent by the data subject.
Thus, the sample template will be very helpful where the employee gives consent for the company to process the sensitive personal information obtained by the health provider in an HMO setting.
This form is better used with the document proving authority of the company to its duly authorized representative to obtain said information and all other records in relation thereto.
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Human Resource Forms, Notices and Contracts Vol. 1
₱499.75Title: Human Resource Forms, Notices & Contracts Made Easy
This book provides 157 samples of employment contracts (probationary, seasonal project and casual), notices to explain covering various offenses, actual notices of dismissal, suspension and warning, among others. All the sample templates are written in English.
The forms used on this book are very important for HR practitioners as they are the ones needed in communicating to employees the terms of employment and due process. They are important evidentiary documents as well in case disputes on dismissal, employment benefits and other matters involving employer-employee relationship reach the labor courts.
These sample forms were designed following the principles laid down in the Labor Code, as amended as well as recent labor jurisprudence. Important principles on just causes of dismissal, five-day notice rule on notice to explain, preventive suspension and the conduct of hearing/conference prior to dismissal are also discussed here.
This book will help HR practitioners in discharging their role as the hub for the maintenance of industrial peace and harmony. Not only that this will help avoid costly mistakes in the event of labor disputes but will also help express the policies and principles of company.
The English forms and templates contained in this book are listed below.
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Pages
I………. Introduction ……………………………………………………. 1
II……… Chapter I: Pre-hiring forms ………………………………. 3
A….. Sample Application Form …………………………. 5
B….. Sample Application Letter by Employee ……. 21
C….. Employment Checklist …………………………….. 23
III…….. Chapter II: Contracts at point of hiring …………….. 27
A….. Employment Contracts ……………………………. 27
B….. Contract for Probationary Employment ………. 45
C….. Contract for Regular Employment …………….. 69
D….. Contract for Casual Employment ………………. 75
E….. Contract for Project Employment ……………… 85
F….. Contract for Seasonal Employment …………… 96
G…. Contract for Fixed Term Employment ………. 105
H….. Contract for Part Time Employment ………… 113
I…… Transfer of Employees …………………………… 121
IV…….. Chapter III: Forms Used During Employment ….. 125
A….. Notices to Explain ………………………………… 129
Sample notices to explain (where imposable penalty is a warning) for the following offenses 131
i…… Violation of company policies on …………………… 132
1….. General Cleanliness ……………………………… 132
2….. Littering ………………………………………………. 133
3….. Smudging ……………………………………………. 134
4….. Disorderly Filing ……………………………………. 135
5….. Designated dining areas ………………………… 136
ii….. Attendance …………………………………………………. 138
1….. Unauthorized undertime ………………………… 138
2….. Violation of coffee break schedule ………….. 139
3….. Violation of lunch break schedule …………… 140
4….. Abandoning post ………………………………….. 141
iii…. Unauthorized absences ………………………………… 142
1….. Absence without leave (AWOL) ………………. 142
2….. Failure to give notice for sickness ……………. 144
iv…. Punctuality/Time-keeping …………………………….. 146
1….. Tardiness …………………………………………….. 146
2….. Failure to log-in ……………………………………. 148
3….. Failure to log-out ………………………………….. 149
v….. Knowingly punching timecard or logging in attendance for other employees 150
vi…. Unauthorized alteration made on one’s timecard or attendance sheet 151
vii… Unauthorized alteration made on other’s timecard with consent of such employee 153
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 154
ix…. Unauthorized removal of one’s timecard or attendance sheet 155
x….. Unauthorized removal of another’s timecard or attendance sheet 157
xi…. Unauthorized concealment of one’s timecard or attendance sheet 158
xii… Unauthorized concealment of another’s timecard or attendance sheet 159
xiii.. Intentional destruction of one’s timecard or attendance sheet 161
xiv… Intentional destruction of another’s timecard or attendance sheet 162
xv…. Dress Code ………………………………………………….. 164
1….. Without uniform ……………………………………. 164
a….. Reporting for work not in prescribed dress code 164
2….. With Uniform ………………………………………… 165
a….. Reporting for work not in prescribed uniform (barong or blouse) 165
b….. Reporting for work not in prescribed uniform (pants or skirt) 167
c….. Reporting for work not in prescribed uniform (blazer) 169
xvi… Identification card ……………………………………….. 171
1….. Failure to wear ID card ………………………….. 172
2….. Refusal to wear ID card ………………………….. 173
3….. Deliberate destruction of ID card …………….. 175
4….. Deliberate mutilation of ID card ……………… 176
5….. Alteration of entries in the ID card …………… 176
6….. Concealment of one’s ID card ………………… 177
7….. Concealment of another’s ID card …………… 179
8….. Unauthorized and improper use of ID card .. 180
xvii.. Loitering …………………………………………………….. 182
1….. Loitering in unrestricted area ………………….. 182
2….. Loitering in restricted area ……………………… 183
xviii. Insubordination ……………………………………………. 184
1….. Refusal to subject oneself to annual physical examinations 184
2….. Refusal to subject oneself to executive checkup 186
3….. Refusal to abide by auditing procedure ……. 187
4….. Refusal to abide by security and safety regulations 188
5….. Refusal to transfer to another assignment …. 190
6….. Refusal to perform one’s task …………………… 191
7….. Refusal to render overtime work ………………. 192
8….. Refusal to report for holiday work …………….. 194
9….. Refusal to issue disciplinary action to subordinate 195
10… Refusal to obey lawful orders of Superior ….. 196
11… Refusal to give information in a company investigation 198
Sample notices to explain (where imposable penalty is suspension) 199
i…… Attendance …………………………………………………. 202
1….. Unauthorized undertime ………………………… 202
2….. Knowingly punching timecard or logging in attendance for other employees 204
ii….. Insubordination ……………………………………………. 205
1….. Refusal to transfer to another assignment …. 205
iii…. Willful breach of trust (with mitigating circumstance) 207
1….. Misappropriation of fund ………………………… 207
Sample notice to explain (where imposable penalty is dismissal) 209
1….. Notice issued for abandonment of work ……. 211
2….. Notice issued for willful breach of trust …….. 214
Sample notice to explain (where imposable penalty is dismissal with preventive suspension) 216
1….. Notice to explain for Serious Misconduct with preventive suspension 211
2….. Notice to explain for offense involving Willful Breach of Trust 214
Sample notice of hearing/conference ………………………. 222
– Instances where hearing is not necessary ………. 224
– Tips in conducting the hearing/conference …… 225
1….. Hearing for offense involving Willful Breach of Trust 228
2….. Hearing for offense involving serious misconduct 229
B….. Notice imposing disciplinary action (warning) ….. 231
i…… Violation of company policies on …………………… 233
1….. General Cleanliness ……………………………… 233
2….. Littering ………………………………………………. 234
3….. Smudging ……………………………………………. 235
4….. Disorderly Filing ……………………………………. 237
5….. Designated dining areas ………………………… 238
ii….. Attendance …………………………………………………. 240
1….. Unauthorized undertime ………………………… 240
2….. Violation of coffee break schedule ………….. 241
3….. Violation of lunch break schedule …………… 243
4….. Abandoning post ………………………………….. 245
iii…. Unauthorized absences ………………………………… 246
1….. Absence without leave (AWOL) ………………. 246
2….. Failure to give notice for sickness ……………. 248
iv…. Punctuality/Time-keeping …………………………….. 251
1….. Tardiness …………………………………………….. 251
2….. Failure to log-in ……………………………………. 253
3….. Failure to log-out ………………………………….. 254
v….. Knowingly punching timecard or logging in attendance for other employees 255
vi…. Unauthorized alteration made on one’s timecard or attendance sheet 257
vii… Unauthorized alteration made on other’s timecard with consent of such employee 258
viii.. Unauthorized alteration made on other’s timecard without the consent of such employee 260
ix…. Unauthorized removal of one’s timecard or attendance sheet 262
x….. Unauthorized removal of another’s timecard or attendance sheet 263
xi…. Unauthorized concealment of one’s timecard or attendance sheet 265
xii… Unauthorized concealment of another’s timecard or attendance sheet 266
xiii.. Intentional destruction of one’s timecard or attendance sheet 268
xiv… Intentional destruction of another’s timecard or attendance sheet 269
xv…. Dress Code ………………………………………………….. 271
1….. Without uniform ……………………………………. 271
a….. Reporting for work not in prescribed dress code 271
2….. With Uniform ………………………………………… 272
a….. Reporting for work not in prescribed uniform (barong or blouse) 272
b….. Reporting for work not in prescribed uniform (pants or skirt) 274
c….. Reporting for work not in prescribed uniform (blazer) 277
xvi… Identification card ……………………………………….. 278
1….. Failure to wear ID card ………………………….. 278
2….. Refusal to wear ID card ………………………….. 280
3….. Deliberate destruction of ID card …………….. 281
4….. Deliberate mutilation of ID card ……………… 283
5….. Alteration of entries in the ID card …………… 285
6….. Concealment of one’s ID card ………………… 287
7….. Concealment of another’s ID card……………. 288
8….. Unauthorized and improper use of ID card .. 290
xvii.. Loitering …………………………………………………….. 293
1….. Loitering in unrestricted area ………………….. 293
2….. Loitering in restricted area ……………………… 294
xviii. Insubordination ……………………………………………. 296
1….. Refusal to subject oneself to annual physical examinations 297
2….. Refusal to subject oneself to executive checkup 298
3….. Refusal to abide by auditing procedure ……. 300
4….. Refusal to abide by security and safety regulations 301
5….. Refusal to transfer to another assignment …. 303
6….. Refusal to perform one’s task …………………… 305
7….. Refusal to render overtime work ………………. 307
8….. Refusal to report for holiday work …………….. 308
9….. Refusal to issue disciplinary action to subordinate 310
10….. Refusal to obey lawful orders of Superior ….. 312
11….. Refusal to give information in a company investigation 313
C….. Notice imposing disciplinary action (suspension). 315
i…… Attendance …………………………………………………. 315
1….. Unauthorized undertime ………………………… 315
2….. Knowingly punching timecard or logging in attendance for other employees 317
ii….. Insubordination ……………………………………………. 318
1….. Refusal to transfer to another assignment …. 318
iii…. Willful breach of trust (with mitigating circumstance) 320
1….. Misappropriation of funds ………………………. 321
D….. Notice of Dismissal ………………………………………. 324
i…… Notice of Dismissal for Abandonment ………. 324
ii….. Dismissal Notice for Serious Misconduct ….. 330
iii…. Dismissal Notice for Willful Breach of Trust.. 341
V….. Note on the next Volume/s of HR Forms, Notices and Contracts Made Easy 346
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Health Checklist & Workplace COVID-19 Protocol – Soft Copy Editable Template
₱500.00On April 30, 2020 the Department Trade and Industry (DTI) and the Department of Labor and Employment (DOLE) issued Interim Guidelines on Workplace Prevention and Control of COVID-19.
The guidelines require employers to implement Health checklists containing declarations of various information and the Workplace Screening Protocol.
Below are sample templates of the health checklist and Screening Protocol which are Editable in Word. Templates are available at only P500.00 to be sent via your email.
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Temporary Flexible Work Arrangement Template – Work from Home – Soft Copy Editable Template
₱500.00TEMPORARY FLEXIBLE WORK AGREEMENT DESCRIPTION
This is a soft copy template saved in Word File and editable in Word Document.
This contains the sample terms, conditions, clauses, and provisions of the contract described.
See the Description below to view the Contents of this soft copy template.
This Agreement establishes the terms and conditions of the Flexible Work Arrangement on account of the COVID-19 outbreak.
It states the WHEREAS clauses providing for the premises providing the voluntary participation in the temporary program. Parties agree to follow the applicable guidelines and policies for the purpose of supporting the government drive on social distancing.
It contains the duration and remote place of work (work-from-home), terms and conditions, duties, obligations, and responsibilities, provisions on business exigencies, data protection, return of company assets, and temporary costs on the company.
This also includes agreement on data privacy and confidentiality, applicability of all other company policies, modification, and termination.
This template is drafted on an 8.5” x 13” Word format, containing four (4) pages, using Arial font 12.
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Solutions on Wage Order and Minimum Wage 2nd Ed.
₱525.00Title: Solutions and Remedies on Wage Order and Minimum Wage
The book is designed as easy reference for HR Practitioners, Business Owners, Managers, and Expats who deal with Filipino labor.
Philippine law requires compliance by employers with minimum wages and benefits. It is simplistic to see this as mere implementation of labor rules. It is often more complicated than it seems.
This work guides readers on proper perspective, and practical knowledge in the tortuous highway of labor compliance. The discussion is served in no-frills platter as topics are presented in direct fashion and clear explanation.
This edition features Wage Order No. NCR-20 in the NCR. The book provides highlights on regional minimum wage, nature of wage order, wage or special group of workers (handicapped, paid by results, etc.), coverage and exemptions, CTPA, BMBE rules, wage distortion and how to correct it, salaries above minimum (creditable rule), across-the-board increases, and other interesting and important concepts.
This work can be a good tool in understanding the principles and doctrines in wage orders, irrespective of the rates applicable.
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Notice of Extension of Project Employment – Filipino/Tagalog Soft Copy
₱545.00Project employment is an exception to the rule on regular employment if all the requisites are complied with.
A project employee under now Article 295 of the Labor Code, as amended, is one whose employment has been fixed for a specific project or undertaking, the completion or termination of which has been determined at the time of the engagement of the employee. (Herma Shipyard, Inc. vs. Oliveros, G.R. No. 208936, April 17, 2017)
Thus:
Art, 295. Regular and Casual Employment. –The provisions of written agreement for the contrary notwithstanding and regardless of the oral agreement of the parties, an employment shall be deemed to be regular where the employee has been engaged to perform activities which are usually necessary or desirable in the usual business or trade of the employer, except where the employment has been fixed for a specific
Project or undertaking the completion or termination of which has been determined at the time of the engagement of the employee or where the work or service to be performed is seasonal in nature and the employment is for the duration of the season.
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While it is required that the project should have a duration, it is also acceptable in practice that the contract may extend due to circumstances beyond the control of the employer. In this case, the contract may be extended accordingly based on another estimated completion date.
Factors affecting the extension could be delays in the delivery of materials, inclement weather, strike, etc. The sample notice templates are one written in English and another in Filipino / Tagalog.
The reason there is a draft in Filipino / Tagalog is that there are workers who are not conversant in English language, especially in jobs covered by project employment.
A sample notice will help employers to overcome the technicalities of this form of employment. Issuing a notice of extension is a good practice since if the employee is extended beyond the project completion date, he cannot anymore be terminated on the ground of project completion because he may be considered as regular employee.
A regular employee can only be terminated under Art. 297, 298, and 299 of the Labor Code, as amended. The notice serves as evidence of the company of the extension based on justifiable grounds. The notice is evidence of the project arrangement as well and helps eliminate doubts and ambiguities in the project employment contract.
It should always be noted that any doubt or ambiguity in the project employment contract is resolved in favor of labor. As between project employment and regular employment, the latter is the more favorable status for employee. Thus, it is a disaster indeed if the employer intended the employment to be for a project and only for the relationship to be declared for regular employment simply because the project employment contract fails to comply with the elements and requisites for validity.
This template is best used if there is already a Project Employment Contract Template using the LVS forms both in English and Filipino / Tagalog.
This template is easy to edit using the Word application.
This version is using MS Office 365 with provisions substantially expressed in Filipino / Tagalog.
Salient points of this template are:
- Name of Employee
- Nature of Project designation
- Indication of project employment
- The fact of duration and original completion date
- The incidents affecting the completion date and reasons for extension
- Citation of specific clause or provisions in the contract where parties stipulate for possible extension
- New completion date
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Guide on Employee Compensation and Benefits Vol. 2, 2nd Ed.
₱595.00Title: Guide on Employee Compensation and Benefits Vol. 2 Second Edition
Guide on Employee Compensation and Benefits, Second Edition 2015 contains important discussion on 13 th month pay, 14 th month pay, Christmas and other bonuses. It also contains current information on rules on payment of wages, withholding of wages, wage deductions, employment bonds, as well as employee compensation on account of disability, injuries and death, among others. Also incorporated in this edition are recent decisions of the Supreme Court on the 13th month pay, bonuses, allowances and payment of wages. This edition presents newly promulgated rules and regulations on the above topics.
This book will prove helpful to all HR practitioners and professionals on employee or labor relations to achieve industrial harmony and productivity.
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How to Design and Formulate Company Code of Discipline
₱699.00Title: How to Design and Formulate Company Code of Discipline
How to Design and formulate Company Code of Discipline is another guidebook for HR Practitioners to help them establish important aspects of organization. It is needed utopian to even think that there is a company where discipline is not necessary.
Humans are wired to commit mistakes because it is a learning process and humans continue to learn. People are wired to fail and to succeed from such failure.
In discipline, the most important tool in the employer’s arsenal is its code of conduct or code of discipline which serves as guiding principle on both grounds for action and procedure. The code will be scrutinized in court once a case has been filed and presented in evidence. They must be ready for litigation and must contain provisions that are lawful, reasonable and respect the employee’s rights to security of tenure.
The objective of this work is to help employers through their HR Practitioners establish their Code of Discipline which will help them enforce discipline with confidence and assurance that their tool is attuned to the legal standards and is defensible.
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Guide to Valid Job Contracting & Sub Contracting
₱745.00Title: Guide to Valid Job Contracting & Sub Contracting
This work will enlighten contractors, principals and all parties involved in contracting the rules, doctrines and principles behind job contracting. Discussed in this book are rules on labor-only contracting, right to control, supervision, registration, licensing, payment of wages, contracting in construction industry, security service, among others. Laws and rules discussed are D.O. 18-A, Articles 106-109 of the Labor Code, as amended, D.O.19, Series of 1998, RA 5487 on security contracts and its implementing rules.
Employers and Companies will benefit from extensive discussion on various issues on job contracting.
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Ring-Bound: Digest on Critical Supreme Court Decisions on Labor Cases 2016 Cases
₱745.00- Binding: Ring-bound
- Paper size: 8.5” x 13”
- Colored Front Cover with Plastic protection
- Inside: White bond paper with black text
- No. of pages: Approximately 170
- Retail Price: P745.00
ABOUT THE RING-BOUND EDITION
Digest of Critical Supreme Court Decisions on Labor Cases is an ambitious work to provide readers, HR practitioners, lawyers, and law students with crucial information on the Supreme Court decisions in labor cases. The digested cases are handy in tracking the recent rulings which are crucial in policy formulation in labor and employee relations. They are critical in a sense that the changes affect the labor environment and those not in the know may bear the adverse consequences.Read more..
Labor law is like a living organism that changes as time passes by. The employer who is more cognizant of the changes can adapt effectively. The presentation is indexed for easy reference. The book provides a digest of the recent decisions of the Supreme Court in labor such as cases on Retirement, Refusal to retire, Retirement plan vs. Labor Code Redundancy, Redundancy carried out by persons belonging to related companies, Labor claims against related companies, Employment contract, Audited financial statement (AFS) and Judicial notice of losses, Rehiring of some of the retrenched employees, Rehabilitation; and Quitclaim. This Year 2016 Digest covers SC Decisions on Strike; Notice of strike; Illegal strike; Valid dismissal; Employment status deemed lost; Transfer; Promotion; Resignation; force; threat; intimidation; coercion; release; waiver; quitclaim; Res judicata; Conclusiveness of judgment; Certification election; Illegal dismissal; Job contracting; Labor-only contracting; Labor-only contractor; Presumed labor-only contractor; Fixed-term; Fixed-term employment; Independent contractor; Repeated renewal; etc.
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Tax Solutions
₱748.00Title: Tax Solutions on Employee Compensation and Benefits
Tax Solutions on Employee Compensation & Benefits is a revelation for HR practitioners and compensation and benefits practitioners when it comes to taxation on employee pay.
The book shares several practical examples on computation of the benefits, compensation and other pay given to employee. The reader is guided on the intricacies of tax concepts and principles through simple discussion and examples.
Surely, this work can be helpful a tool for HR and comp-ben practitioners in understanding employment tax concepts so employees can clearly understand how taxes impact on their pay.
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Welcome to LVS Rich Publishing!
